PROCEEDINGS
OP A
GENERAL COURT MARTIAL,
IN THE TRIAL OP
COL. F. W. McMASTER,
17th REGIMENT, S. C. V.,
HELD AT
WILMINGTON, N. C.
MARCH 30th, 1863.
COLUMBIA, S. C:
SOUTH CAROLINIAN STEAM PRESS.
1863.
PREFACE.
My object in publishing the proceedings of this trial in full, is that
all the facts relating to it may be spread before the public, to enable
it to form its own judgment on the subject.
I have waited for two months, in order to get the official copy, so
that the proceedings might be printed secundum artem, but have failed
thus far. To avoid fjirther delay, I use a copy in my possession, which
will not differ materially from the original. The testimony of the wit-
nesses who appeared in Court, was taken down by Lt. D. J. Lpgan, of
the 17th Regiment, S. C. V., and, to insure accuracy, was compared
daily with that taken by the Judge Advocate.
This case, which is peculiar in many respects, will form one of the
curiosities of Military Trials. It will amply repay a perusal.
F. W. McMASTER,
Col 17th Regiment, S. £. V.
Columbia, S. C, June 16tb, 1863,
PROCEEDINGS.
Headquarters Department Va. and N. C,
At Wilmington, N. C, March 7th, 1863.
"General Orders No. 24.] J
A General Court Martial is hereby appointed to meet at Wilming-
ton, N. C, on the 10th day of March, 1863, or as soon thereafter as
ossible, for the trial of such prisoners as may be brought before it.
DETAIL FOR THE COURT.
Colonel W W Ransom, 35th Regiment N. C. T.
Colonel L. M. McAfee, 49th Regiment N. C. T.
Colonel H. L. Benbow, 23d Regiment S. C. Vols.
Lieutenant Colonel C. E. Thorburn, C. S. Artillery.
Lieutenant Colonel W B. Allison, 18th Regiment S. C. Vols.
Lieutenant Colonel John Richardson, 36th Regiment N. C. T.
Major Jno. W Moore, 3d Battalion N. C. A.
Major Jno. D. Taylor, 35th Regiment N. C. T.
Captain R. Boyce, Light Battery S. C. Artillery.
Lieutenant E. Hale, Adjutant 56th Regiment N. C. T., Judge
Advocate. *
No other officers than those named can be assembled without mani-
fest injury to the service.
By order of Lieutenant General Longstreet, Commanding Depart-
ment Virginia and North Carolina.
JNO. W FAIRFAX,
A. and I. General.
Headquarters Department Va. and N. C,
Petersburg, Va., March 23d, 1863.
[General Orders No. 26.]
Captain Graham, 56th Regiment N. C. Troops, will relieve Lieut.
Hale, Adjutant of same Regiment, as Judge Advocate of General
Court Martial, convened by General Orders No. 24.
By command of Lieutenant General Lonqstkeet.
G. M. SORREL,
A. A. General.
Wilmington, March 30th, 1863.
Court met pursuant to the foregoing order, and adjournment from the
28th instant. •
PRESENT :
All the members of the Court except Lieut. Col. Thorburn, who has
been excused.
The Court then proceeded to the trial of Col. F. W. McMaster,
who was called before the Court, and having heard the order read,
was asked if he had any objection to any member named in the order,
to which he replied in the negative.
William E. Martin, Esq., of Charleston, was admitted as counsel to
accused upon his application.
The accused was then arraigned upon the following charges and
specifications preferred by Brig. Gen. N. G. Evans :
CHARGES AND SPECIFICATIONS PREFERRED AGAINST COL. F. W.
M'MASTER, 17TH REGIMENT SOUTH CAROLINA VOLUNTEERS.
Charge 1. — Cowardice.
Specification. — In this, that he, Col. F. W. McMaster, 17th Regi-
ment S. C. V., did shamefully leave his Regiment whilst engaged with
the enemy, and ran until out of danger. This near Boonsboro, Md.,
on or about the 14th of September, 1862.
Charge 2. — Mutinous Conduct.
Specification 1. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. V., did attempt to incite a mutiny against his Com-
manding Officer, Brig. Gen. N. G. Evans, P. A. C. S., amongst the
troops of Evans' Brigade, by visiting different officers of the Brigade
and asking them to sign a paper to be relieved from the command of
the Brigadier General commanding.
Specification 2. — In this, that he, Colonel F. W- McMaster, of the
17th Regiment S. C. V., did exercise himself among the officers and
troops of the Brigade, to induce them to sign a paper, asking to
be relieved from the command of their Brigadier General, N. G Evans,
P A. C. .S., using fake inducements, viz : that by signing said paper
they would be ordered to South Carolina ; all of which is mutinous
conduct. This, in Camp, near Goldsboro, N. C, on or about the 19th
of December, 1862.
Charge 3. — Violation of General Orders No. 96, and conduct highly
prejudicial to good order and military discipline.
Specification 1. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. V., did fail to report the absence of Lieut. E. M.
Neelyand Private S. A. McElwee, Co. H , both of his Regiment, until
sent for by his Brigade Commander, he, the said Col. McMaster,
knowing them to h#ve been absent for several days. This, near Hali-
fax C. H., N. C, on or about the 14th of November, 1862.
Specification 2. — In this, that he, Colonel F. W- McMaster, 17th
Regiment S. C V., did fail to report the absence of Assistant Surgeon
T. S. Waring, of his Regiment, when he knew that the said Waring
had absented himself without leave from the proper authority. This,
at Kinston, N. C, on or about the 20th of November, 1862.
Additional charges handed the accused on opening of the Court,
March 30th, 1863 :
Charge 4. — Conduct highly prejudicial to good order and military
discipline.
Specification. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. Q. V., did visit Sergeant Kinloch and Private Seignious,
Co. "A," 23d Regiment S. C. V., couriers for his Commanding Gene-
ral, and did attempt to incite them to insubordination by stating that
Gen. N. G. Evans was a drunkard and a coward, or words to that
effect. This, at Wilmington, N. C, on or about — day of February,
1863.
Charge 5. — Conduct unbecoming an officer and a gentleman.
Specification. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. Vols., did state to Sergeant Kinloch and Private
Seignious, of the 23d Regiment S. C. Vols., that John Dunovant had
sent word to Brig. Gen. N. G. Evans that he was a " coward and a
drunkard;" all of which was false. This, at Wilmington, on or about
12th of February.
Charge 6. — Violation of 18th Article of War, and conduct highly
to the prejudice of good order and military discipline.
8
Specification 1. — In this, that he, Colonel F. W- McMaster, 17th
Regiment S. C/ V., did fail to report the absence of late Captain W.
B. Metts, Commissary of his Regiment, and did further connive at and
conceal the said absence •from his Commanding General, Brig. Gen.
N. G. Evans.
Specification 2. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C Vols.,, did tell late Captain Metts he might leave his
Regiment until his resignation was accepted ; that he, Colonel McMas-
ter, would conceal his absence from the Commanding General, Brig.
Gen. N. G. Evans. All this, near Opequan River, Va., on or about
the 20th of September, 1862.
To which charges and specifications the accused pleaded " Not
Guilty."
Gen. N. G. Evans — Witness for prosecution — sworn.
1st Charge. — Question by Judge Advocate for prosecution. — State
what you know concerning the conduct of Col. F. W McMaster at
the battle of Boonsboro, Md., September 14th, 1862.
A. At the battle of Boonsboro, 14th September, 1862, in passing
from the left of my Brigade to the right of it, then hotly engaged
with the enemy, I saw Col. McMaster running from the enemy alone.
On seeing me he attempted to hide himself behind a large rock ;
thinking he was sick, and being anxious about my right, or the two
other Brigades on my right, where I was going at the time ; this was
about twenty minutes after we first engaged the enemy. On my return
I saw him still in the same position, lying down on the ground ; his
position was between three and four hundred yards from the fire of
enemy, or three or four hundred yards in rear of Regiment then
engaged with the enemy.
Q. How long did he remain in this position, and did he return
voluntarily to his command ?
A. Don't know how long he remained in this position ; don't know
whether he returned to his Regiment voluntarily or not; don't think
he did, as his Regiment broke soon after.
Q. Had any order been given to the Brigade or Col. McMaster's
Regiment to retire ?
A. No order had been given by me for it (to retire to the Brigade),
but it was ordered later in the evening.
9
Q. Did Col. McMaster attempt to rally his Regiment after it broke ?
A. Did not see Col. McMaster make any attempt to rally his men ;
his Regiment had not broken at that time ; he was lying down. I
endeavored to rally some stragglers.
Q. Was the conduct of Col. McMaster on this occasion reported to
any higher officer ? ^
A. I had a conversation with a higher officer, in which I stated I
thought Col. McMaster acted from cowardice; he stated there was no
time now for Court Martials.
Q. Describe the ground, and what shelter was afforded Col. McMaster
by the position which he had sought ?
A. It was on the side of a mountain, and the summit was between
him and his Regiment; there was a number of large rocks and
some trees.
2d Charge. — Q. State what you know of any attempt on the part
of Col. McMaster to excite an ill feeling against you among the officers
of your Brigade ?
(Paper marked "A" introduced and read before the Court, to
French's endorsement. )
A. I know nothing personally, only from report of officers.
Q. What do you know of the paper before the Court marked " A,"
and of Col. McMaster's connection with it?
A. I received this signed by Col. McMaster as Senior Colonel ; the
Adjutant General brought the paper (under consideration) and de-
livered it to me officially.
Q. Do you know of other attempts on the part of Col. McMaster to
leave your command ?
A. Since the return of the paper before the Court, Col. McMaster
has made an official application to the Secretary of War to be relieved
from command ; the paper was forwarded and I have heard nothing
from it since.
3d Charge. — Q. State what you know of the failure of Col. McMas-
ter to report the absence of Private McElwee about the 14th of
November, 1862 ?
A. It was reported to me officially that Private McElwee had de-
serted. I sent for him and asked him how he came to be absent.
(Objected to.) McElwee was not reported to my office by Col. Mc-
Master as absent without leave.
2
10
Q. Do you know that Col. McMaster was cognizant of McElwee's
absence ?
A. Do not know that Col. McMaster was cognizant of McElwee's
absence.
Q. State what you know of Col. McMaster' s failure to report the
absence of Dr. Waring ?
A. On or about 20th November, 1862, I sent for Col. McMaster to
my office; handed him a paper relative to the resignation of Assistant
Surgeon T. S. Waring, concerning the medical certificate which was
to be signed. McMaster then told me he did not know where he was,
but said, at last, give me the papers, I know he is in Pineville, S. C. ;
he had been reported gone several days, or three days, and had not
been reported to me. I published him as a deserter, as he had not been
officially reported as absent without leave.
Q. Had you given any authority to Col. McMaster to furlough Dr.
Waring or Private McElwee, or were there any orders then in force
by which he could give such leave without your sanction ?
A. No, sir ; no, sir.
5th Charge. — Q. Have you ever received from John Dunovant a
message that you were a drunkard and a coward ? (Objected to by
the accused ; objection overruled.)
A. No, sir.
6th Charge. — Q. State what you know of the failure of Col. Mc-
Master to report the absence of Capt. W B. Metts, Commissary of
said Regiment, about the 20th September, 1862?
A. On or about 20th September, on Opequan in Virginia, Capt.
Metts absented himself from camp without permission ; on finding his
absence, I sent the Adjutant General to McMaster to explain it, as he
bad not reported it. I did not receive any explanation of his absence.
Questions by Accused. — Q. At what hour of the day did the battle
of Boonsboro begin, and at about what hour did it terminate ?
A. Commenced between 4 and 5 o'clock in the afternoon, and lasted
some H hours or near thatj some of the Brigades fought until night,
and mine did not.
Q Describe the locality in which you found Col. McMaster particu-
larly, and the character of the ground between where he was and
where his Regiment, as you state, was engaged with the enemy ?
11
A. On a hill side, rough, with trees and rocks, about the same
ground as where his Regiment was engaged, only a ridge between.
Q. How many Brigades did you command that day, and how were
they located in reference to each other ? Who commanded your Bri-
gade ? Did he make a report, and have you a copy of it in your pos-
session ? Were they on the mountain or hill side ?
A. Col. Stevens was in immediate command of my Brigade. I was
in command of three Brigades, my own being on the extreme left. I
have received no report of the battle of Boonsboro, except a mere
nominal one, and it not at all special in its detail, being made up of
reports of all the engagements during his command. The Brigade was
on a side of a hill when the fight first commenced. G-en. Hood was
ordered to form on the right with two Brigades, and mine was ordered
on the left to support Rhodes, of Gen. D. H. Hill's Division ; we
marched in line of battle to his support. I have no copy of Col.
Stevens' report, as I always forward them.
Q. Mention the names of the Brigades in your command at Boons-
boro ?
A. Texas Brigade (Gen. Hood's), Evans' Brigade, and the 3d
Brigade, or Law's Brigade.
Q. Was not Hood's Brigade detached from your command, and what
time ?
A. It was not, separately, at no time.
Q. If not separately, then with any others ; was it detached, and
when ?
A. It was detached at Sharpsburg after the engagement had com-
menced ; it was relieved by two other Brigades.
Q. State the relative position, of the Brigades to each other, and the
distance from each other at battle of Boonsboro ?
A. I am unable to state them ; I have already stated they were in
line of battle ; the relative positions depended on the- nature of the
ground.
Q. Will the witness please state which Brigade was on the right,
which in the centre, which on the left ; also whether Hood's Brigade
was on the right or left of the turnpike leading over oouth Moun-
tain ?
A. Evans' Brigade was on the left, the other two were under Gen.
Hood, and alternated every day, sometimes left in front ; don't know
12
how Hood marched his men. Hood's Brigades went on the right of
the road, or were ordered to go there.
Q. Describe the relative position of the Regiments of your own
Brigade in line of battle from right to left ?
A. They were under the command of Col. Stevens; think Col.
McMaster's Regiment was on the right ; they were subject to the
command of Col. Stevens, who was in command of the Brigade.
Q. What was the strength of your own Brigade, and of Col. Mc-
Master's Regiment as they went into the battle of Boonsboro ?
A. We* had not received the reports for some time; do not make
out reports but every ten days ; had been on the march from Manassas ;
on the march not customary to make out reports ; think the Brigade
numbered some eleven hundred men ; know nothing of the strength of
Col. McMaster's Regiment ; refer to the Adjutant General.
Q. Could you not form some opinion of the size of Col. McMaster's
Regiment from seeing them while, as you said yesterday, *hotly
pressed by the enemy, with Col. McMaster three or four hundred yards
i n the rear ?
A. No, sir, I could not. I presumed it was the whole Regiment;
I came from the left to the right of the Brigade ; I left Col. Stevens
on the right, where I found Col. McMaster's Regiment engaged; was
some hundred anc" fifty yards from the Regiment, and on the right of
it, I saw Col. McMaster running.
Q. Did Col. McMaster's Regiment engage the enemy in one body,
or was it divided in different parts while so engaged with the enemy ?
A. I was not near enough to observe ; it was in line of battle when
I saw it ; I was not near enough to distinguish it from other Regi-
ments ; if it was detached I am not able to state it.
Q. How far were you from Col. McMaster's Regiment at the nearest
point during the Boonsboro fight, and what time of the fight ?
A. I was within about fifty or one hundred yards at one time of it,
over the hill; it was I presume with the other Regiments, when Col.
Stevens formed line of battle, and I saw it come out some half hour
after Col. McMaster had come out ; I was at the nearest point to the
Regiment (McMaster's) at about 5 o'clock, P M. ; it was just as we
were going into action that I was nearest to it; first part of it think
I was close up to it just before we went into action.
Q. Which wing of your Brigade began to retreat first ?
13
A. The first retreating I knew was from the right, Ccl. McMaster's
Regiment and some of the 22d ; I then told the Adjutant General to
tell Col. McMaster to rally his Regiment.
Q. How long after your return when you say you saw Col. McMas-
ter behind a rock before your Brigade retreated ? Did you see Col.
McMaster afterwards, if so, describe the place ?
A. When I returned from the right after I had first seen Col. Mc-
Master, I found Lieut. Dean trying to rally some twenty men who did
not seem inclined to stand ; I then asked them to rally on me ; Col.
McMaster was then in his hiding place; ordered Adjutant General to
order Col. McMaster to rally his men, then despatched him to Col.
Stevens to order him to fall back, as the right had broken. Col.
Stevens replied if he could get reinforcements he thought he could
hold his position. Not receiving any, I retired with my whole Brigade.
I saw him about fifty yards down the hill this side, the safe side, in a
corner of a fence, where I and Lieut. Dean had been rallying the
men ; if I saw him afterwards I do not recollect.
Q. Have you or have you not expressed yourself to the effect that
Col. McMaster was responsible for the charges brought against you
about 1st January, 1863, by Col. Goodlett ?
A. I decline answering the question ; it is impertinent and insolent.
(Ruled to answer.) I don't recollect at any date; I said so in his
presence at Goldsboro ; charged it before the Court ; charges were pre-
ferred against McMaster before any charges were preferred against me.
Q. You say that charges against Col. McMaster were preferred
before the charges against jou ; when did you forward them to your
superior officer ?
A. I forwarded them to, I don't recollect, Gen. French or Gen.
Smith ; I don't recollect the date ; the charges against me were not
preferred until some time in January ; they were sent to me to be
forwarded.
Q. What became of the charges against Col. McMaster which you
forwarded to Gen. Smith or Gen. French, and did either of these
officers make any endorsement therein ?
A. I don't know what became of them ; I presume th^y are the
charges which are now before the Court.
Q. Were the charges against Col. Goodlett or Col. McMaster pre-
ferred first, and state the time ?
14
A. Both charges were preferred at the same time; I drew them
up- at the same time ; they were prepared sometime in December ; I
consider the charges preferred when they are prepared ; I am their
commanding officer.
Q. Would you consider charges preferred before they are brought to
the notice of the accused, no matter how long a commanding officer
might retain them ?
A. (Certainly I do.) It depends on circumstances ; the interest of
the service must be consulted ; charges have been known to hang three
years over an officer.
Q. Were there not amongst the charges preferred against you by
Col. Goodlett, specifications for cowardice at Rappahannock, Manassas
and Boonsboro ?
A. I object to answer the question, (Court ruled that witness be
not compelled to answer,) because secondary ; the paper should be
produced.
Q. Have you not regarded Col. McMaster as the cause of all the
difficulty you have had in your Brigade, and so expressed yourself ; if
so, how often and to whom ?
A. I don't consider him the cause of all the difficulties, but I know
him to be a cause of a good many of them ; making false reports,
concealing deserters, &c.
Q. Have you or have you not stated that you intended to cashier
Col. McMaster, and then you would have peace in your Brigade ; if
so, how often and to whom were these statements made ?
A. Don't recollect of ever having made the remark.
Q. Have you or have you not declared that if Col. McMaster was
concerned in bringing any more charges against you, you would put
him in jail ; and if so, to whom were these statements made ?
A. Never thought of such a thing, or said so.
Q. When did you prefer the charges 4th, 5th and 6th, in reference
to Capt. Metts; and the conversation with Seignious and Kinloch?
A. Soon as I found out the circumstances; about a month ago;
soon as ic was reported to me.
Q. Who was the higher officer with whom you had the conversation
in reference to Col. McMaster's cowardice, and when diu such con-
versation occur ?
15
A. I have had conversation with several high officers, Gens. Long-
street, Lee, and others; I think I had this particular conversation after
the Boonsboro fight, with Gen. Ripley.
Q. You were asked by the Judge Advocate yesterday if you had
not received a message from Col. John Dunovant, that you were a
drunkard and a coward, and you answered in the negative ; did you
not receive a message from Col. Dunovant that you <were a liar, a
coward and a braggart ?
A. I never received any message from him.
Q. Where is the original of the charges preferred against you by
Col. Goodlett?
A. I do not know.
Q. In whose possession was the paper when you last heard from it ?
A. I don't know; it is impossible for me to answer it.
Q. Do you know whether the paper referred to is in the War De-
partment; if not, state whether or not you know what has become of
it, and whether it has been lost or destroyed ?
A. I do not know where it is, or nothing about it.
Q. You spoke yesterday of Col. McMaster having sent a second
application to the War Department for transfer from your Brigade;
was it forwarded through you, and was it respectful in its tone ?
A. It was, and it was respectful in its tone.
Re-examined by Judge Advocate. — Q. Was any person near Col.
McMaster when he was running from his Regiment; did you see him
make any attempt to rally his Regiment?
A. He was running alone; I saw him make no attempt to rally his
Regiment ; I saw him some time afterwards attempting to make some
men fall in.
Q. Certain charges were preferred against you, and were you tried
on them ?
A. I was tried on part of them.
Question by the Court. — Q. Who was in your company at Boonsboro
when you saw Col. McMaster running ?
A. I was riding with no one; one of staff was wounded ; two others
sent off.
Q. When was Col. McMaster first placed in arrest by you ?
A. I think it was some time in January, at Kinston, N. C. ; after
the battle of Goldsboro.
16
Q. Why was he not put in arrest sooner ?
A. Because I deemed it expedient to keep him in command of his
Regiment; I intended to arrest him in the first engagement.
Q. Are there any incidents or circumstances which make you posi-
tive you saw Col. McMaster at Boonsboro as described by you ; if so,
state the circumstances or incidents ?
A. I saw hkn about twenty paces distant as plainly as I see him
now, as he ran across my path and passed to my right.
Q. How did Col. McMaster act in the presence of the enemy at
Manassas No. 2 ?
A. He was not mentioned for his gallantry; I was not in command
of the Brigade there, but in command of five Brigades, it being one
of them.
Q. Did you ever speak to Col. McMaster of his conduct at Boons-
boro; if so, give the conversntion ?
A. Not to my recollection have I spoken to him about it.
April 1st, 1863.
Col. W H. Wallace, 18th Regiment S. C. V. — Witness "for pro-
secution— sworn.
2c? Charge. — Question by Judge Advocate. — State what you know
of Col. McMaster visiting officers of Gen. Evans' Brigade, and asking
them to sign a paper to be relieved from his command ?
A. The paper referred to was about completed when I reached
G-oldsboro, N. C. ; Col. McMaster informed me that it was a petition
to be transferred from Gren. Evans' command ; had been signed by a
majority of the officers of four Regiments, and he had been asked to
mention the matter to me.
Q. Were any reasons or inducements urged by Col. McMaster for
signing the paper ?
A. I don't remember that any inducements were urged by Col.
McMaster.
»
Q. Was there any conversation in relation to Gen. Evans ; if so,
what was it ?
A. There was some conversation, but what it was I do not remem-
ber; the interview was a hurried one.
Q. Had Col. McMaster in relation to this paper, while it was being
circulated in the Brigade, any conversation's with you or other officers
17
in your presence as to Gen. Evans' fitness to command ; if so, state
them?
A. My Eegiment had been detached from the Brigade, and that
paper was about finished when we rejoined it ; I don't remember hav-
ing any conversation with McMaster in relation to that paper that I
have not already stated.
Cross-examination by Accused. — Q. Who constituted the first Board
of Examiaation in Evans' Brigade before which you appeared when
you were examined for promotion ; state the time, and place, and by
whom appointed ?
A. That Board was composed of Col. Stevens, of the Holcombe
Legion ; Col. McMaster, of the 17th S. C. V., and Capt. Bancroft, of
the 23d S. C. V It held its sittings in Camp, near Winchester, Va.,
some time in the month of October last, (the Board was appointed
according to my impression and belief by Gen. Evans.)
Q. Are you sure it was a Board for examining the officers of Evans'
Brigade, and who then commanded the Brigade?
A. Yes, sir, it was a Board for examining the officers of Evans'
Brigade, and Gen. Evans was "at that time in command of his own
Brigade.
Q. Do you not rank Col. McMaster ?
A. I do.
Q. In how many battles or engagements have you been with Col.
McMaster ; mention names, and what was his command ?
A. I have been in only two battles and one skirmish with Col. Mc-
Master, viz : Manassas, Sharpsburg and Malvern Hill ; McMaster was
Lieut. Colonel under Col. J. H. Means ; at Manassas he entered the
battle with the same rank, and in the battle Col. Means was wounded
and died ; Col. McMaster commanded the Regiment at Sharpsburg.
Q. What was his bearing in these battles for gallantry and conduct ;
describe it particularly ?
A. I don't remember to have seen Col. McMaster when his com-
mand was actually engaged with the enemy ; I saw him going into the
action on Friday evening previous to the main fight at Manassas on
Saturday ; his bearing on that occasion was as gallant as it could be
under the circumstances.
Q. How long have you known Col. McMaster ; state his reputation
18
in the army and out of it as an officer and a gentleman, and especially
for courage ?
A. I have known Col. McMaster ever since the fall of 1846 ; at
home his character as a gentleman is high ; in the Brigade, so far as
I know, he has always been considered as a man of courage and a
good officer ; his character as a gentleman in the Brigade is high.
Q. When was the first time you ever heard Col. McMaster's con-
duct for courage at Boonsboro questioned, and by whom ?
A. I have never heard Col. McMaster's conduct for courage ques-
tioned by any one, until I heard that charges had been preferred, and
I heard of them about the latter part of December last.
Q. Beferring to your conversation with Col. McMaster relative to
signing the petition for transfer, please say at whose camp fire it
occurred ?
A. We had just left Col. McMaster's camp fire, and the conversation
occurred between it and my Begiment.
April 2d, 1863.
Cross and Re-examined by Judge Advocate. — Q. Are you sure that
the order appointing Col. McMaster on the Board when you were
examined for promotion was issued by Gren. Evans ?
A. I never saw the order.
By Accused. — Q. The witness will please state what was Col. Mc-
Master's conduct for gallantry in the affair at Bappahannock Station,
which you have just added to your testimony of yesterday ?
A. I did not see Col. McMaster during the engagement at Bappa-
hannock Station.
Dr. Pope, Assistant Surgeon, 18th S. C. V. — Witness for prosecu-
tion— sworn.
By Judge Advocate. — Q. Do you know that Assistant Surgeon T.
S. Waring was absent from Gen. Evans1' Brigade, on or about the
20th of September, 1862.
A. Yes, sir, I know he was absent.
Q. Do you know whether he had permission from Col. McMaster to
leave ?
A. I do not know whether he had or not.
Q. Have or have you not had any conversation with Col. McMaster
in relation to Assistant Surgeon Waring's absence?
19
A. I do not recollect of any.
Q. Have or have you not an impression that you have had such
conversation with Col. McMaster 1
A. I have no such impression.
Q- Have or have you not heard Col. McMaster admit that Assistant
Surgeon Waring was absent without Gen. Evans' leave ?
A. I think I have.
Q. State exactly and particularly what Col. McMaster said ; that
what is your impression he said ?
A. He may have mentioned in my presence that Dr. Waring was
away or absent without leave. (Corrected to say, without McMaster's
leave.)
Q. Did or did not Col. McMaster admit that Assistant Surgeon
Waring had no permission from- Gen. Evans ?
A. I do not recollect.
Q. State your impression as to whether or not such an impression
was produced by Col. McMaster ?
A. My impression is so vague that I don't recollect anything
about it.
Gross-examined by Accused. — Q. How long have you known Col.
McMaster, and how was you and he employed when your acquaintance
commenced ?
A. I have known him about six or seven years ; he was Librarian
while I was a student at College.
Q. State how many battles you have been in with Col. McMaster,
and what was his conduct ?
A. I have never seen Col. McMaster in battle.
Q. What has been his reputation among the officers as to his conduct
at Boonsboro ?
A. I don't remember hearing them say any thing about that battle.
Q. What is Col. McMaster's reputation in and out of the army as
an officer for courage, and as a gentleman ?
A. As far as I know it is good.
Sergeant Kinloch, 23d Kegiment, sworn.
Q. Had you or had you not any conversation with Col. McMaster as
to Gen. Evans' character, on or about the 12th of February ?
A. I met Col. McMaster at Bailey's Hotel while Gen. Evans' trial
was going on at Goldsboro ; Col. McMaster made a remark to Seig-
20
nious and myself that he knew a gentleman who had pronounced Gen.
Evans a d — d liar and a d — d coward in the presence of Capt. Currie,
and that gentleman was Col. Dunovant.
Q. What position does Capt. Currie occupy ?
A. Special Aid to Gen. Evans.
Q. Will you state the whole of the conversation alluded to ?
A. I don't remember that any thing else was said.
Q. Have you heard Col. McMaster say any thing in relation to Col.
Dunovant' s having sent any message to Gen. Evans; if so, state the
message ?
A. No, sir, I did not hear him say that Col. Dunovant had sent any
message to him, but that Capt. Currie knew it, and he thought the
General would hear it through him.
Private Seignious sworn.
Q. Had you or had you not any conversation with Col. McMaster as
to Gen. Evans' character 1
A. No, sir.
Q. Were you not present at any conversation between Sergeant Kin-
loch and Col. McMaster about Gen. Evans 1
A. No, sir.
Q. Have you heard Col. McMaster say any thing in relation to
Col. Dunovant having sent a message to Gen. Evans, and what was it ?
A. At Bailey's Hotel Sergeant Kinloch and myself were in a con-
versation about Gen. Evans' case ; Col. McMaster hearing the con-
versation, made a remark saying that he knew a gentleman who said
that Gen. Evans was a d — d liar and a d — d coward ; the name of the
gentleman was Col. Dunovant; this conversation took place since
Evans' Brigade was in Wilmington.
Lieut. J. R. Morse, 17th Regiment, sworn.
Q. State all that you know in relation to Col. McMaster visiting
officers of Gen. Evans' Brigade, and asking them to sign a paper to
be relieved from Gen. Evans' command, and if you know of any in-
ducements urged by him state them ?
A. I know nothing in regard to the matter ; I know nothing of his
visiting officers ; he never used any inducements with me, if he did
with others I do not know.
21
Q. Were you ever summoned by Col. McMaster for a consultation
upon the matter ?
A. No, sir, I never was particularly.
Q. Were you ever requested by Col. McMaster directly or indirectly
to meet him for consultation on the paper ?
A. The Adjutant came to me and stated that the Colonel had a
paper he wished me to sign and had sent for me; the Adjutant stated
that the paper was a petition or something of that kind to be trans-
ferred from the Brigade, and then went to Col. McMaster, and he
never presented the paper to me nor asked me to sign it, and said
nothing about it.
Q. Did you see any paper circulated among the officers around
the fire ?
A. I did see a paper, but did not take it in my hand ; I did not
read it, and don't know what it contained ; I remained but very few
minutes at the fire.
Cross-examined by Accused. — Q. What State are you a citizen of?
A. I was born and raised in North Carolina, but volunteered in
South Carolina ; have been living in that State about ten years.
Q. Were you at the battle of Boonsboro, Md. ; if so, state whether
you saw Col. McMaster during the battle; how much of the time of
the battle was he in your sight ?
A. I was at the battle of Boonsboro; I saw Col. McMaster generally
durjng the fight ; he went in with us ; I was placed on the left in an
elevated position, and I frequently looked down the line to the right,
and as frequentlv as I looked down I saw Col. McMaster ; I,saw him
rallying his men, and urging them to fight ; at the winding up of the
fight, or when we were about to retire, he came up the line opposite
our company, the balance of the Regiments were all gone on the right
and on the left so far as I could see ; no one fighting but one Regi-
ment that I could see ; Col. McMaster ordered us to retire in good
order ; to retire firing, which we did ; we fell back perhaps some three
hundred yards, and then we rallied the second time with a small num-
ber of men, Col. McMaster then being with us ; we received orders
then to fall back, which we did by a flank ; every time I looked for
Col. McMaster during the fight I saw him ; I was in command of my
company and was engaged with it at times ; I believe and know Col.
McMaster was at his post all the time.
22
Q. How much time ever elapsed during the battle that you did not
have your eyes on Col. McMaster ?
A. I don't know; I was watching part of the time for myself, and
then the balance of the Regiment.
Q. Was he ever absent from his Regiment a half an hour during
the battle, or ever three or four hundred yards in the rear?
A. I do not believe he was absent from his Regiment at all, neither
do I believe he was ever one hundred yards from it ; I never saw him
that far away from it.
Q. What number did your Regiment have in the fight ; when you
retired how were you situated in relation to the enemy; were you
much pressed, and how ?
A. I suppose we had 140 ; I don't think it would exceed that ; we
were very much pressed when first commenced to retire ; I suppose
the enemy were in forty yards of us ; they were flanking us on the
right, and not over forty yards from our front ; the enemy were ad-
vancing in three lines, and were outnumbering us; I can't say to what
extent.
Q. What was Col. McMaster's deportment in the whole battle for
courage and coolness ?
A. He was perfectly cool; I saw no excitement about him.
Q. .Name any other battles in which you have been engaged with
Col. McMaster, and his conduct in all of them ?
A. I was in the battle of Sharpsburg ; the battle of Kinston ; his
conduct at Sharpsburg and Kinston was cool and patriotic ; we fought
them at Sharpsburg for a long thne^ but had to retire, and we
retired fighting until we came to a house, and we fought there until
we were nearly surrounded; he then gave orders for us to retire, and
sent into the house to extend the order to those who were fighting
inside to come out; I was with him (McMaster) part of the time;
Col. McMaster's conduct was of the coolest and bravest kind ; he was
continually encouraging his men and giving orders.
Q. Did you see any thjng of other Brigades of ours while you were
in the house; describe what happened to them ?
A. I saw two other Brigades4 on the right and on the left, they
were driven back.
Q. What is Col. McMaster's reputation in the army and out of it,
for bravery, and as a gentleman ?
23
A. His reputation in his own Regiment is that he is brave to a
fault ; exposes himself to danger unnecessarily in a fight, and as
regards his reputation as a gentleman, I have never heard it doubted.
April 3, 1863.
Mr. Kobert Strange, of Wilmington, was admitted as counsel to the
accused in place of G-en Martin, who was compelled to leave.
Re-examination — By Judge Advocate. — Q. Are you sure that Col.
McMaster was absent from his Regiment at no time during the fight
at Boonsboro ?
A. I feel confident he was not ; under the circumstances I do not
think he could have been absent without my knowing it.
Q. You said that no other Regiments were in sight at that battle
when your Regiment retired ; do you know whether they had retreat-
ed or had been ordered to a position on the left ?
A. I think they had retreated ; I don't know whether by command
or not.
Q. Do you know whether Col. McMaster retired under orders from
a superior officer or not ?
A. I do not; I did not see or hear him receive any orders.
Q. Did your Regiment unite with the Brigade at any time after
retreating during the fight ?
A. It did not at any time during the fight.
Q. Do you know whether the other Regiments continued to fight
after your Regiment retreated ?
A. I do not know that they did.
Re-examination closed by Judge Advocate.
Major James Pagan, Brigade Commissary Evans' Brigade — Witness
for prosecution — sworn.
By Judge Advocate. — Q. Do you or do you not know that the late
Capt. Metts, A. C. C. S., absented himself from his Regiment ; if so,
state time and circumstances of absence ?
A. Capt. Metts left the Regiment at the camp on the Opequan
River, near Martinsburg, on this side of Potomac, I think it was the
23d or 24th September ; I had a business transaction with him on the
23d September.
Q. Do you or do you not know that Col. McMaster was aware at the
time that Capt. Metts had absented himself?
24
A. I do not know.
Q. Was Gen. Evans, the Brigade commander, made cognizant of
said absence ?
A. I do not know.
Lteut. Cherry, 17th S. C. V. — Witness for prosecution — sworn.
By Judge Advocate. — Q. State all you know of Col. McMaster's
connection with a paper or petition to be relieved from Gen. Evans'
Brigade ?
A. I know but little about it ; I was sent for to go up to the
Colonel's quarters; that the Colonel wished to see me; when I arrived
at his quarters the Colonel says, here is a petition that we have drawn
up for the purpose of getting out from under Gen. Evans or his Bri-
gade ; there was no other conversation.
Q. Did Col. McMaster say any thing in relation to wishing one offi-
cer from each Company to sign this paper ?
A. I think he did say, I would like to have an officer from each
Company.
Cross-examination by Accused. — Q. What battles have you been in
with Col. McMaster, and what was his conduct for courage in those
battles ?
A. I have only been in one fight where muskets were used ; that was
at Kinston ; I was in the shelling at Rappahannock, and some other
skirmishes; I can say that at the battle of Kinston he did his duty as
faithfully as a Colonel or any other commander could do, and I say the
same in regard to all the other engagements ; I noticed him at one
time at Kinston when the Regiment was all lying down, that he was
walking up and down the line, as cool apparently as he is at this
moment.
Q. Was he under the enemy's fire at that time ?
A. He was ; it was in the hottest of the battle.
Q. What is his reputation amongst the officers of the army for cour-
age in the battles in which he has been engaged ?
A. As far as I know it could not be better than it is.
Q. What is his general reputation as an officer and a gentleman, in
and out of the army ?
A. Very good, so far as I know.
25
Capt. E. R. Mills, 17th Regiment S. C. V.— Witness for prosecu-
tion— sworn.
2d Charge. — By Judge Advocate. — Q. State all you know in rela-
tion to Col. McMaster's connection with the petition before the
Court ?
A. As I was in camp at G-oldsboro, the Adjutant of the Regiment
came to me and said the Colonel (McMaster) wished to see me; I went
up to his fire ; he was sitting there with a paper in his hand, which I
think he stated had come from the 23d S. C. V ; I took the paper
from him, read it, and looked at the signatures and then handed it
back, and told him I could not sign it ; he then remarked to the Ad-
jutant that perhaps some of the Lieutenants would sign it.
Q. State anything you know in relation to Private McElwee's ab-
sence from your Regiment ?
A. All that I know is that when I returned to my Regiment from
on furlough about the 20th or 22d of November, he was absent, by
whose leave or authority I don't know; he had been detached from my
Company as wagoner for the Regimental Commissary, and I missed
him only by not seeing him with the wagon ; another man had been
detailed from my Company to supply his place as wagoner.
Cross-examination oy Accused. — Q. Did you report the absence of
McElwee to Col. McMaster, and was he a member of your Company ?
A. He is enlisted in my Company, but is on extra daily duty as a
teamster; I have no recollection of having reported him.
Q, What battles have you been in with Col. McMaster, and what
was his conduct in them as to courage ?
A. I have not been near him but in one, Kinston ; I consider that
he acted with proper courage ; in my opinion he exposed himself un-
necessarily, or might have discharged his duty fully with less ex-
posure.
Q. What instance do you refer to in which he so acted ?
A. We were fighting behind a natural breastwork, and he was walk-
ing along the top of the embankment in front of his men, and I
thought that he could discharge his duties as well in the rear of his
men ; this breastwork was enfiladed in part by the enemy ; he stood
in front of the line when he ordered us to cease firing.
Q. What is his reputation in his Regiment as an officer and a gen-
tleman ?
4
26
A. It is very good.
He-examination by Judge Advocate. — Q. Do you not think that Col.
McMaster's proper place in this instance was in the rear, and that he
could have discharged his duties better there, and was or was he not
aware that charges had been preferred against him on account of his
conduct at Boonsboro ?
A. I don't know that he could have discharged his duties any better
in the rear than where he was ; I have no knowledge that he knew
that charges were preferred against him.
By Accused. — Q. Did you ever hear of any charges being preferred
against Col. McMaster until after the petition of which you have
spoken was handed in to Gen; Evans ?
A. Not that I recollect of, sir.
Capt. A. S. Evans, A. A. G. — Witness for prosecution — sworn.
By Judge Advocate. — Q. State what you know of the failure of
Col. F. W McMaster to report the absence of Assistant Surgeon T. S.
Waring of his Regiment.
A. All I know is a conversation Col. McMaster had with Gen.
Evans in his office when I was present; that conversation occurred
about the 23d or 24th November, am not certain as to date ; in reply
to a question of Gen. Evans to McMaster, he stated that Dr. Waring
had gone to Goldsboro; Gen. Evans told me to write to Waring, and
state to him that unless he returned to duty he would be published as
a deserter; I carried that letter to Gen. Evans for his perusal, and Col.
McMaster, who was present, said, give me the letter, I will send it to
him at Pineville, as I intend writing to him, and will enclose it in my
letter, or something to that effect; Gen. Evans, I think, asked Col.
McMaster how he would get off; Col. McMaster replied there was
some kind of free masonry among doctors ; the absence of Dr. War-
ing was not reported until called for by Gen. Evans, and then Mc-
Master was instructed to report it by Gen. Evans ; he had neglected
to report the absence until ordered to do so.
Question by Accused, allowed- by the Court as a preliminary one.
On what days were the tri-monthly reports of the strength of the Reg-
iments made to you ; was it not on the 8th, 18th and 28th of each
month; was there not a regular report made to the General November
28th, and have you not it in your possession ?
27
A. The reports were called for on the 7th, 17th and 28th ; there is
a report in my office of November 28th, 1862.
Q. What time would be included in the report of the 28th ; would
it not, or ought it not to include all absences for the ten days pre-
ceding ?
A. It should include those absences; it is not usually done though,
as they are usually consolidated at Regimental Headquarters.
The report for November 28th was produced, or a copy, accepted as
correct by the witness.
By Judge Advocate. — Q. Have or have you not heard Col. McMas-
ter say anything in relation to this absence which you have not stated ?
A. I do not recollect that I have.
Q. Did Col. McMaster in this conversation first related, state whether
or not Dr. Waring had gone to Goldsboro with his permission ?
A. I don't recollect that he so stated. '
Q. In what manner ought officers to be reported absent in these tri-
monthly reports ?
A. They should be reported by name.
Q. Do you know anything in relation to W B. Metts, late Captain
and Commissary, being absent from his Regiment ?
A. I think it was somewhere between the 25th and 26th of Sep-
tember, or about that time ; I addressed a note to McMaster to inquire
if Capt. Metts was absent, (by the direction of Gen. Evans) and if so,
by whose authority; Col. McMaster replied that he had given him
permission to go to Winchester, which was some fifteen or sixteen miles
from his camp on the Opequan lliver, and that he had left Winchester
without his leave and had gone home ; this I think was the* substance
of the note ; I had a conversation with Col. McMaster at his camp of
a like nature with the note.
Q. Have you or have you not had any conversation with Col. Mc-
Master in relation to the absence of Capt. Metts, if so, state it ?
A. The conversation was to the effect that he had given Capt. Metts
permission to go to Winchester, and that he had gone home ; there
were repeated conversations about this matter, all to the same effect.
Q. Have you or have you not heard Col. McMaster make any other
admissions in reference to this absence of Capt. Metts ?
A. I never have, sir ; it is the only conversation I ever had with
him in relation to him.
28
Q. State anything you know in relation to Col. McMaster's connec-
tion with the paper before the Court ?
A. About the 20th December, I think, the Adjutant oi 17th Reg-
iment handed me a paper from Col. McMaster, which I found to be
a petition to be relieved from Gen. Evans' command, signed by him-
self and others ; I had no conversation with Col. McMaster in relation
to the paper that I remember.
Q. What is your position in the army ?
A. I am Captain in the Adjutant General's Department or Gen.
Evans' Staff.
Questions to ascertain whether paper offered is good in evidence. —
Cross-examination by Accused. — Q. You stated that a tri-monthly report
of the condition of the Regiment was made by Col. McMaster on the
7th or 8th of October, 1862 ; has that report been lost or destroyed ?
A. I have no report from Col. McMaster of October 7th, but have
one in my possession of October 9th, 1862 ; these reports have been
made on the 9th, 19th and 29th, before November.
Q. Is the report of the 28th November, 1862, which has been offer-
ed in evidence, made upon one of the printed forms or blanks furnished
by Adjutant and Inspector General's Office ?
A. I would say not ; these forms are not furnished from the Adju-
tant General's Office, are quite a different form called monthly return,
in which absentees are accounted for on the back.
Q. Is not that report marked B, according to the form in which such
reports were usually made up to that time ?
A. I think it was ; the reports from the 17th Regiment were usually
made on blanks like these.
Q. You stated you were on Gen. Evans' Staff, are you related to
Gen. Evans?
A. I am a brother of Gen. Evans.
DEFENCE.
Captain Ray — Witness for defence — sworn.
Question by Accused. — How many battles have you been in with Col.
McMaster ?
A. I have been in the shelling at Rappahannock and the battle of
Manassas, No. 2.
29
Q. Were you at the battle of Manassas, No. 2 ; if so, describe par-
ticularly what was Col. McMaster's conduct on that occasion ?
A. At the battle of Manassas we went into the fight about 3 o'clock,
and the Brigade was knocked to pieces, but the enemy driven back
over a hill. When I got up with what men was left, I found Col. Mc-
Master in advance of what few men was there, waving his sword and
cheering them on ; the firing was so severe there he ordered the men
to fall back. When he ordered them to fall back, I heard him call
out, Is there no other field oflicer present ? The men fell back beyond
a house (some 30 men) that was near by, and commenced forming line
of battle there. While that line was forming I was shot down, and
don't recollect anything more.
Q. Was any field officer of the Brigade present, as far as you could
discover, at the time he cried out, Is there no other field officer present ?
A. No, sir, I did not see any.
Q. Were the 30 men, which you say he ordered to fall back, all that
you could discover of the Brigade at that time ?
A. Yes, sir.
Q. What is Col. McMaster's reputation for courage in and out of the
army ?
A. Good, <as far as I have ever heard ; a brave man.
Q. Are you now in the army ; when did you resign, and why ? To
what Begiment did you belong, and what was your position in the
Begiment ?
A. No, sir, I resigned 9th Feb., because I received a wound at Ma-
nassas, whereby I was prevented from being able to discharge the du-
ties of my office. I was Captain of a Company of the 17th Begiment,
S. C. V
Cross-examination by Judge Advocate. — Q. How long had your Beg-
iment been in the action you describe, before it broke ?
A. Not long.
Q- Do you know whether the fight was continued by any other Begi-
ment of your Brigade ?
A. 1 do not.
Capt. J. W Avery — Witness for accused — sworn.
Q. How many battles have you been in with Col. McMaster? State
particularly what was his conduct in all of them ?
30
A. Rappahannock, Manassas No. 2, Boonsboro, and portion of
Sharpsburg and Kinston and Goldsboro. His conduct, in all of them,
was not only of a very brave man, but a very cool man. He was
present in every fight and engagement in which the Brigade has been
engaged ; has never been sick )r absent. I saw him under fire in all
those fights, cool, collected and composed ; always at his post when his
Brigade was in a fight, that is when I saw him.
Q. Will you describe particularly the time you left, at the battle of
Manassas, the condition of the Brigade at the time, the relative force
of the Brigade and enemy, and distance from each other ?
A. I left the battle of Manassas late in the evening, directly after
Maj. Whilden had been shot down, with the colors of his Regiment.
This place was about 200 paces north of the Chinn house, the enemy
about 100 yards distant. The Brigade was all mixed up here, no ranks
or any thing of that kind ; our Brigade was entirely disorganized.
Our force, at the time I left, was some 30 or 40 men ; the enemy 100
yards distant. We had driven off the first "Yankee line, and a new one
had just come up and commenced firing into us, at about 100 yards
distance.
Q. What was the strength of the *17th Regiment, as it went into
action, and the number killed and wounded ?
A. I suppose about 250 men went into action, and at least 160 were
killed and wounded.
Q. State, particularly, the conduct of Col. McMaster, in the battle
of Boonsboro ?
A. Col. McMaster went into the fight with his Regiment. After
the firing commenced, from my position in line, I could not see him.
When forced, to fall back, I saw him, in his place, rallying the men.
We fell back to the top of the mountain, about 200 yards, I suppose;
then Col. McMaster proposed to me to make a stand. I told him I
thought it was foolish to do so, as we only had 23 muskets or privates
with guns. He was cool as could be, under the circumstances.
Q. After your Regiment was ordered back, at Boonsboro, was the
fight continued by any of the Regiments of the Brigade ?
A. No, sir, they all stopped before we did.
Q. How many muskets were in the Regiment, at Boonsboro, when it
went into action, and the number of men killed and wounded?
A. I think we took in about 120 muskets. I think our loss was at
31
least 60, killed and wounded ; from the loss in my own Company, I
know it must have heen this.
Q. How far was it from the turnpike where Gen. Evans' Brigade
turued off to the place where it engaged the enemy, and was there any
Brigade between the turnpike and the right of Evans' Brigade?
A. I suppose it was near half a mile from the turnpike to where the
fight commenced, and no Brigade between us and the road that I know
of; there was a Battery of Artillery on our right at some distance.
Q. When the Regiment retired, had or had not the enemy flanked
it on the right ?
A. Yes, sir, they had flanked us on the right
Q. Did you see Gen. Evans at any time during the fight ?
A. No, sir.
Q. What is Col. McMaster's reputation among the officers of the
army for courage in the different battles in which he has been en-
gaged ?
A. So far as I know it stands high ; I have heard a good many ex-
press their opinions in that way ; his reputation is high.
Monday Morning, April 6.
Q. How long have you been acquainted with Col. McMaster, and
what is his character in and out of the afmy as an officer and gen-
tleman ?
A. I have been acquainted with him fifteen years ; there is no one
has a better character, either at home or in the army. •
Q. What was your position in line of battle at Boonsboro, and
why was it you could not see Col. McMaster during the whole fight?
A. I commanded the two right companies, and a large pile of
rocks on my left prevented me from seeing the position of Col. Mc-
Master.
Q. How far was the first line of the enemy from the Regiment be-
fore it retreated ?
A. On the right flank the enemy were nearly parallel to us ; in front
about forty yards ; the left I could not see, but they were firing into
us from our left.
Q. Was there a second line of battle formed by Col. Stevens who
commanded the Brigade, and how far was it from the first line made
before the fight began, anl how far was this line from the brow of the
mountain 5?
32
A. There was a second line which was about forty yards in front of
the position where we were first placed ; I would say it was some two
hundred or two hundred and twenty-five yards from the top of the
mountain.
Q. What was the relative positions of the Regiments of the Brigade
in line of battle at the fight ?
A. Holcombe Legion first on the right, this Regiment was deployed
as skirmishers during the fight in front of the Brigade just before the
fight commenced, that being deployed left, the 17th Regiment on the
right, next it the 18th Regiment, next I think the 22d and the 23d
Regiments S. C V
Q. Who is the Colonel of the 22d Regiment, and how long has he
been the Colonel ?
A. Goodlett; I think he has been Colonel since the re-organization
in May, 1862.
Q. When was the first time you heard of the charge of cowardice
being preferred against Col. McMaster ?
A. I was at Col. McMaster's fire, at Camp Benbow, about the 1st
of March; he then received a copy of the charges from Adjutant
General Melton, of Gen. Smith's Staff; this was the first time" I ever
heard of the charge.
Cross-examination — By Judge Advocate. — Q. Was Rappahannock
much of a fight ?
A. It was a considerable artillery fight; severe bombardment; we
lost something o'ver one hundred in the Brigade.
Q. Did you see Col. McMaster all the time during the different bat-
tles you have described ?
A. Not all the time, but I saw him in every one of them ; I always
found him when I looked for him.
Q. Was not the severe loss of the Brigade at the battle of Manassas
No. 2, owing to the great confusion into which it was thrown, as you
have said ?
A. Somewhat owing to that cause, but mostly to following the enemy
too closely and too far.
Q. Do you know much of the conduct of CoL McMaster at Boons-
boro ?
A. I know that he went into the fight ; that in falling back he was
with the men ordering them to retire in good order, and that he wished
33
to renew the fight on the top of the mountain when we had very few
men, and there was no other Regiments to be seen on the right or
left ; the enemy then at that time advancing on us in three lines.
Q. On what slope of the mountain, ours or that of the enemy, was
Col. McMaster when you say he was concealed from your view by
the rocks, and did the rocks afford him any protection from the fire of
the enemy?
A. It was about a Southeast side, or side next to Frederick City,
the enemy and us were both on the same side ; Col. McMaster and all
of us were on the side next the enemy ; as I did not see his position,
it is impossible for me to say what protection the rocks may have
afforded him.
Q. Could he have been absent during the fight as long as twenty
minutes or half an hour without your knowledge ?
A. I should think he could hardly have retired from his position
alone without being seen by me.
Q. Was there much order in the Regiment during the first falling
back you described ?
A. There was not much order.
Q. How do you know the fight was not continued by the other Regi-
ments in the Brigade after yours retreated at Boonsboro ?
A. Because there was no firing to our left ; none of any consequence ;
only an occasional gun, after we had fallen back.
Q. Is it not possible the other Regiments had been ordered to a
different position, and that your Regiment had retreated too far to hear
the firing ?
A. No, sir.
Q. Are you positive no Brigades were on the right of that battery
mentioned by you, and could you see this ground after you became
engaged ?
A. I am not positive, sir ; I could not see the ground to the right
of the battery after we were engaged.
Q. At which of the lines of battle, the first or second which you
have described, was Col. McMaster concealed from your view ?
A. At the second or last line.
Q. Was your position a favorable one for seeing G-en. Evans, and
may he not have been near you without you seeing him, and were you
not engaged in such a manner as you would not see him ?
5
34
A. It is possible he may have been near; I did not see him; the
ground was rocky and wooded.
Q. Describe particularly the difference in the ground upon which the
first and second lines of battle were formed ?
A. The first line was formed on the base slope of the mountain, the
second line was formed where a ledge of rocks were, which would give
a partial protection to the men.
Q. Was this second line further down the mountain, and did you
see Col. McMaster atf any time after that line was formed ?
A. It was further down the mountain ; I saw Col. McMaster going
down and coming back.
Examined by the Court. — Q. Was there fighting at both the lines
spoken of by you ?
A. No, sir, only at the last.
Q. Did you ever hear, except through the charges, that Col. McMas-
ter behaved badly at Boonsboro ?
A. Never, sir.
Sergeant Wilson, Co. I, 18th Regiment S. C. V- — Witness for
defence — sworn.
Examined by Accused. — Q. Were you at the battle of Boonsboro ;
what was your rank there ; describe the conduct of Col. McMaster in
that battle as far as you saw it ?
A. I was, sir ; I was color bearer of the 18th S. C. V ; we had
gone in on the left of Col. McMaster's Regiment, after the Regiments
on the left of us had fell back ; while the 18th Regiment was falling
back I saw Col. McMaster or the Colonel of the 17th Regiment in the
rear of us ; I suppose we had fell back some fifty yards when I saw
Col. McMaster in the rear of us still rallying his men ; he seemed to
be very resolute, and had taken up a gun from one of his wounded
men and shot ; directly afterwards, say a minute, he directed them to
fall back, firing.
Q. Which was the first Regiment of Gen. Evans' Brigade that re-
treated, and which was the last left upon the field ?
A. I do not know whether it was the 23d or 22d that was first to
retreat; the 18th followed one of them, and the 17th was the last that
I saw that came out ; the Legion, of course, was the first that came
out, as it was sent out as skirmishers, and came out over the Brigade.
35
Gross-examination — By Judge Advocate. — Q. Do you know that
Col. McMaster is the person whose conduct you describe ?
A. Yes, sir, they all said so ; I know he is the same man ; I had no
acquaintance with him at the time.
Q. Is your knowledge not based entirely upon the statements of
others as to the identity of Col. McMaster ?
A. No, sir, it is not.
Q. Do you say positively that the person now in Court is the person
alluded to ; and if so, do you state it entirely upon your recollection
of him ?
A. Yes, sir.
Q. How many men were in the 17th Kegiment when it retreated,
and do you know that those other Regiments (22d and 23d) were not
ordered to some other position ?
A. I do not know; I do not so staije.
Private W T. Bevis, Co. A, 18th Regiment S. C. V.— Witness for
defence — sworn.
Question by Accused. — Were you at the battle of Boonsboro ; de-
scribe the conduct of Col. McMaster in that battle as far as you
saw it ?
A. Yes, sir ; we were all in line of battle, and he was on our right,
and I think he went into the battle about as bravely as any man I
saw; he commanded his Kegiment in the retreat in the same manner;
I thought he did his part ; after we were compelled to retreat by the
enemy after the left of the Brigade had retired, he and his Regiment
or most of it still remained in advance of the 18th, and afterwards
retired, firing.
Q. Which was the last Regiment upon the field as far as you saw,
and was Col. McMaster with the Regiment?
A. Col. McMaster's Regiment was the last I saw upon the field, and
he was with his Regiment when I saw it, which was about sundown,
or getting a little dark.
Q. Were you acquainted with Col. McMaster previous to this battle ?
A. I had no acquaintance with him more than I know him by sight ;
I have known him the last sixteen years.
Q. Do you know whether your Regiment was ordered to the left of
the position it first occupied, and under whose orders did you retreat ?
36
A. We only went a short distance in that direction ; we were com-
pelled to retreat by a flank movement of the enemy.
Lietit. J. McCormick, 18th Eegiment S. C. V. — Sworn.
Q. How long have you known Col. McMaster, and what is his repu-
tation among the officers of the army for courage ?
A. I have known him about twenty years ; his reputation for cour-
age is as good as it could be, as far as I have heard.
Q. What is his general reputation in and out of the army as an offi-
cer and a gentleman ?
A. It is as good as it could be, I think.
By the Court. — Q Did you see the 17th Regiment after the battle
of Boonsboro commenced, and how far was it to your right ?
A. I should judge it was some fifteen or twenty paces to our right.
Q. Describe the progress of the battle, and the time and manner of
the retreat of the different Regftnents as fully as you can ?
A. I don't remember much about the retreat of those Regiments,
except the 18th; I remember about the Regiment on our left retreat-
ing about the same time ours did ; I know the 18th was on our
right.
Lieut. Wm. Horton, 17th S. C. V. — For defence — sworn.
Q. Were you at the battle of Manassas No. 2, if so, describe Col.
McMaster's conduct there ?
A. I was at the battle, and saw Col. McMaster there, as we ad-
vanced on the enemy, early in the evening. Our Col. Means was killed
early in the engagement ; Col. McMaster then took command of the
Regiment, and forwarded them on, until the enemy had fell back be-
yond the hill that we were advancing on. He led the Regiment into
the fight, until there was only some 15 or 20 of the men to fight. Af-
ter advancing to the top of the hill, we discovered a new line of the
enemy advancing, about one hundred yards off.
Q. What was done by McMaster, when he discovered this new line
of the enemy, 100 yards off?
A. He enquired if there was no field officer present, and after that
he gave orders to his command to retire to the brow of the hill and
rally.
Q. Were you at the battle of Boonsboro, and did Col. McMaster re-
main with his Regiment during the fight ?
37
A. I was there at tlie battle of Boonsboro, and I saw Col, McMaster
leading his men into the fight, and various times during the engage-
ment, I saw Col. McMaster engaged at his duty, encouraging his men.
I was with Col. McMaster when he gave the command to retire firing,
and he was hotly pressed and unsupported by any other Regiment of
the Brigade. Before we had reached the top of the mountain, Lieut.
Col. Means fell severely wounded. Col. McMaster ordered myself and
3 other men to bear him off from the field, and we attempted to remove
him, and he refused to be moved.
Q. Did you see any signs of the enemy's bullets on his, McMaster's,
clothes, after the battle of Boonsboro ?
A. His sword, and scabbard and belt, were struck by balls; there
was also a ball hole through the skirt of his coat.
Q. Were you at the battle of Sharpsburg ; did you see Col. McMas-
ter receive any injuries there ; what was it ?
A. I was, he was struck by a ball on the hat, was first I saw, and by
a piece of shell on the breast.
Q. What was Col. McMaster's conduct at the battle of Sharpsburg ;
was it that of a man of courage or not ?
A. His conduct was that of a man of courage.
Cross-examination by Judge Advocate. — Q. Do you state that Col,
McMaster was absent from his Regiment at no time during the fight
at Boonsboro ?
A. He was not absent at any time during the fight.
Q. How do you know; was he not in the rear; did you keep your
eyes on him all the time ?
A. He was not out of my sight long enough to be out of sight of
the field at any time, at Boonsboro.
Q. Describe the position of the second line of battle, and your retreat
from it ?
A. The second line of battle and the last line was formed upon top
of the hill, we went in very good order, as good order as any Regiment
ever left a battle-field.
Q. How many men did you have in the Regiment at that time ?
A. We had very few, about 20.
Re-examined by Accused. — Q. Where was the line of battle formed
when you met the enemy, and the fight first took place ?
A. We formed it on the hill, when we first went round it.
38
Q. How far from the top of the mountain did the fight take place ?
A. Some 150 or 200 yards, I suppose.
Q. You spoke of a line of battle formed on the top of the mountain,
was that after the Regiment first retreated, and after the fight ?
A. It was after the Regiment first retired, that Col. McMaster had
given orders to retire, and we had rallied on the top of the hill and
gave them another fire.
April 7th, 1863.
The Court met. Accused offered depositions of Col. P, P. Stevens,
late Holcombe Legion.
Deposition of Col. P. F. Stevens.
Questions by the Accused. — Q. How long were you in the army, and
what was your command ? What is youj calling now ?
A. I was Colonel of the Holcombe Legion, S. C. V., for eleven
months. I commanded the Legion at the battle of Rappahannock ; at
the battles of 2d Manassas, Boonsboro and Sharpsburg, I was in com-
mand of Evans' Brigade. The Secretary of War accepted my resig-
nation in October last. I am now a minister of the Gospel, in St.
Stephen's Parish, South Carolina.
Q. Who commanded Evans' Brigade at the battle of Boonsboro,
Sept. 14th, 1862 ?
A. I commanded Evans' Brigade, that day.
Q. Please s,tate the position of the 17 th Regiment, in that battle,
and describe, particularly, the conduct of Col. McMaster and his com-
mand ?
A. Being unable to reach the position to which I was ordered by
Major Gen. D. H. Hill, and compelled to dispose my command to meet
an attack upon me, I placed the 17th Regiment in position, near some
rocks on the brow of a mountain, and on my right flank. By the time
I had disposed of the remainder of the command, and returned to the
right, I found Col. McMaster engaged with the enemy. Remaining
near him some moments, I found him perfectly cool and self-possessed,
and in perfect command of his men. I remember, distinctly, his cau-
tioning his men in reference to the Holcombe Legion, which had been
deployed in his front, as skirmishers. I have some recollection, too, of his
commanding his men to fire lower, but of this I cannot now be positive.
The bearing of Col. McMaster, and the bearing of his men, gave me
89
entire satisfaction at the time. My left becoming engaged, I felt per-
fectly confident, from what I had seen, that I could safely rely on the
courage and discretion of Col. McMaster, and I therefore told him I
must leave him to himself; that, if overpowered, he must retire firing,
or some order to that effect. I then went to my left, which I found
already in. retreat, and my presence being so necessary at this point,
and the nature of the position, also, conspiring to this effect, I did not
again return to the right, nor did I see Col. McMaster until I met him,
after dark, back on the turnpike, whither my command had been driven
back. Upon meeting Col. McMaster, I expressed to him my satisfac-
tion with himself and command, as I never entertained a doubt but
that he had continued to discharge his duty in the same manner as he
had done under my eye.
Q. What is Col. McMaster's reputation as to gallantry, as an officer;
and his reputation as an officer and a gentleman, in the army and South
Carolina ?
A. As to Col. McMaster's reputation for gallantry and conduct, as
an officer and gentleman, in the army and South Carolina, I never knew
it impugned until these charges were brought to my notice. Col Mc-
Master has always had my esteem, as an officer and a gentleman.
Q. What was Col. McMaster's conduct in the other battles, in which
you and he were engaged ?
A. I do not remember of Col. McMaster coming especially under
my observation, except at the battle of Boonsboro.
Capt. Brady, of the Holcombe Legion, S. C. V- — Witness for de-
fence— sworn.
Q. Did you see Col. McMaster after the Holcombe Legion was
driven in, at Boonsboro ; how was he engaged when you saw him ?
A. He was rallying the troops on the top of the mountain.
Q. How lon°- have you known Col. McMaster, and what is his repu-
tation among the officers of the army for courage ?
A. I have seen Col. McMaster before I came into the army. I
merely knew him; his reputation is a brave man.
Q. Did you see anything of Gen. Evans during the fight at Boons-
boro ?
A. I did not, sir.
Cross-examined by Judge Advocate. — Q. Did you see anything of
Col. Stevens during the fight, after you were diiven back ?
40
A. Yes, sir ; I did, sir.
Q. Is it not possible that the formation of the ground prevented you
from seeing Gen. Evans, even though he should have been near you ?
A. If he had been there during the action, I should have seen him.
Q. Describe the formation of the ground, near the top of the moun-
tain, or any particularities in it ?
A. We were on the side of the mountain ; it was a hill side, like all
mountain sides, rocky, and with trees on it:
Surgeon Russell, Holcombe Legion S. C. V- — For defence — sworn.
Q. Will you state whether you ordered Dr. Waring back to the hos-
pital at Goldsboro about the latter part of November, 1862, and had
you authority to give such an order ; what was your position in the
army at that time ?
A. I did, sir ; I was then acting as Senior Surgeon of Evans'
Brigade, by virtue of my commission ; I did have authority ; I did
order him from the camp below Kinston at Col. McMaster's camp.
Cross-examination — By Judge Advocate. — Q. Was Dr. Waring sick,
and was hefordered to the hospital for his health, and did you report
this fact to Gen. Evans ?
A. He was ordered to the hospital because he was sick ; I don't
know that I did ; it is not usual to report such things.
Q. Are you sure the Brigade Surgeon does not report officers who
are on the sick list to the General commanding ?
A. I never did ; we report at the end of the month to the
Chief Surgeon, all medical officers sick; I mean by " Chief Surgeon,"
the Chief of the Department, Dr. Fessenden ; the Chief of that De-
partment was at Kinston, N. C.
Q. Was not Dr. Fessenden the proper person to give Dr. Waring
permission to leave ?
A. I do not think so, sir.
Sergeant Frank Shealy, Holcombe Legion S. C. V. — For defence —
gworn.
Q. Did you see Col. McMaster after the Holcombe Legion was
driven in at Boonsboro ; how was he engaged when you saw him;
what was your rank at that time ?
A. I did; the Legion was deployed as skirmishers and driven back;
41
Col. McMaster's Regiment supported our Legion ; when I fell back I
got right opposite Col. McMaster, some fifteen or twenty steps from
him ; I was color bearer of the Holcombe Legion j the Yankees then
pressed on and we could not rally the Legion any more, and Col. Mc-
Master's Kegiment was then engaged with the enemy ; Col. McMaster
was sitting down some ten or fifteen steps behind his Regiment when I
first came up, cheering his men.
Q. What was Col. McMaster's conduct as to courage at the battle of
Boonsbdro ?
A. He acted as bravely as I ever saw a man during an engagement,
rallying his men. ,
Q. Did you see anything of Gen. fivans during the fight at Boons-
boro?
A. No, sir, I did not.
Q. After you saw Col. McMaster, was he absent at any time from
his command while the fight continued, and did you leave the field
with Col. McMaster's Regiment ?
A. No, sir, he was not absent, we fell back together ; I went back
with his Regiment.
Cross-examined — By Judge Advocate. — Q. With how many men of
that Regiment did you go back ?
A. I do not know ; can hardly tell you ; I suppose from two to three
hundred ; it looked so.
Q. Did Col. McMaster go back into the fight after retreating with
that number ?
A. He fell back from our first position about two hundred yards, and
rallied the men a second time.
Q. What became of his Regiment after that ?
A. It fell back to where it took its second position, and there was
some faring there, and then I was ordered off by our Colonel ; the Reg-
iment never came out from there until after dark.
Q. How then do you know that Col. McMaster was absent from his
command at no time after this during, the fight ?
A. I was with him all the time the engagement was going on, and
could see him all the time, and when I left Col. McMaster's Regiment
the fighting was over, as it was nearly dark.
Q. Are you sure Col. McMaster could not have been absent from his
command a short time without your knowledge ?
6
42
A. To the best of my knowledge Col. McMaster was with his
command until after dark or nearly dark, when I was ordered off to
Boonsboro.
Q. Might not the formation of the ground have prevented you
from seeing Gen. Evans, and are you positive he was not at the
fight?
A. I am not positive he was not there during the engagement; I did
not see him any where about ; the ground was pretty rough ; a good
many rocks about all along the hill.
Q. Did you see anything of Lieut. Dean rallying any of the 22d
Regiment any time, during the fight ?
A. I do not know Lieut. Dean.
Re-examined by Accused. — Q. How many men did Col. McMaster
have with him at the second position on the top of the mountain just
before he marched off the field ?
A. I could not tell you the number ; he had several men he had
rallied up on the hill ; some of his own men and some of the Holcombe
Legion ; I cannot tell the number.
Lieut. Kearse, 17th S. C. V. — For defence — sworn.
Q. Were you at the battle of Boonsboro with Col. McMaster; have
you been in any other engagements with him ; what Companies did
you command?
A. I was, and commanded the 5th and 6th Companies at Boonsboro ;
I have been in no other battles with him.
Q. Describe his conduct during the battle of Boonsboro ; did he
remain with his command during the fight ?
A. He remained with his command during the time I was with it,
telling his men to keep cool, shoot «slow and take good aim ; after get-
ting a good many men killed and wounded, he ordered his *nen to
retire firing ; after retiring some fifteen or twenty paces from the old
line, he picked up a gun and fired at the enemy ; after which time I
was wounded, and ordered to the rear by the Colonel.
Q. Did you see anything of Gen. Evans during the fight at Boons-
boro ?
A. Not after we were engaged.
Q. When was the first time you heard of the charge of cowardice
being preferred against Col. McMaster ?
43
•
A. I never heard it until some time in January ; I was at home at
that time.
Gross-examined — By Judge Advocate. — Q. On what part of the
mountain was you when you were wounded?
A. I was on the side where we first engaged the enemy, the line of
battle was formed on the top of a hill; don't know how far from the
top of the mountain.
Q. At which line of battle were you wounded, the one near the top
of the hill or below it ?
A. The line below, after we had retreated some fifteen or twenty
paces.
Q. How long did the fight continue after you were wounded ?
A. I don't know how long it continued after I was wounded; I went
back to the rear.
Q. Was there anything in the formation of the ground which might
have prevented you from seeing Gen. Evans ?
A. I did not see him ; the ground was very unlevel and rough.
Re-examination — By Accused — Q. From what direction did the ball
come by which you were wounded ?
A. From the left.
Capt. B. A. Crawford, 17th S. C. V- — For defence — sworn.
By Accused. — Q. How many battles have you been in with Col.
Mc Master ?
A. Manassas No. 2; Boonsboro, Sharpsburg, Kinston and Golds-
boro
Q. What was his conduct in those different battles as to courage ?
A. His conduct was good^, he acted bravely in all those battles.
Q. What was his conduct at Sharpsburg ; describe it particularly ?
A. We were detached from the Brigade then ; Col. McMaster was
in command of two Regiments then, the Holcombe Legion and his own
Regiment; we were out on picket, and on Wednesday were engaged,
but not seriously until about 12 o'clock, %nd from that time pretty
much all day ; the enemy flanked us, and Col McMaster ordered us
to fall back to an orchard and rally again ; we fought the enemy at the
orchard, I would say, about half an hour ; after we fought them there,
we moved by a right flank to screen ourselves behind a rock house
then we fought them a considerable time until a Brigade on our right
44
and one on our left had fallen back, and we fought them for some time
afterwards ; after the enemy had advanced on us and the Brigades had
fallen back, Col. McMaster ordered the Kegiments, some of his own
and the other Regiment, to fall back.
Q. What was his conduct at Boonsboro ; state all that you know
about it ?
A. His conduct there was as good as it could be ; Col. McMaster
went into the fight with us, and was all the time right with us ; all
the time of the fight we could hear his commands, and hear him en-
couraging his men ; when we got in line of battle Col. Stevens came
up to our Regiment, I suppose to give Col. McMaster instructions ; he
(Col. Stevens) was in command of the Brigade ; his instructions were
to hold the position as long as he could, and when forced back to retire
to the top of the ridge ; when Col. McMaster gave the order to fall
back we were both flanked on the right and left, on the left I know,
and I think on the right; we fell back firing, and McMaster was the
last man of the officers to fall back to the top of the ridge ; then we
formed and ascertained our numbers, and found we had only thirty
muskets ; Col. McMaster wanted to fight them there again, but Capt.
Avery, myself and other officers reasoned with him that it was impos-
sible to accomplish anything ; we were then moved by a right flank;
we fell back to the foot of the mountain, formed there.
Q. Did Col. McMaster give any order to you or the officers as they
fell back to the top of the ridge ; what was it, and what caused him
to remain behind ?
A. At the time we were falling back some one said Major Means
was wounded, and he started back in the direction where Major Means
was, towards the right of our Regiment; the men were still firing and
falling back, and he was encouraging the men ; after we rallied on the
t8p of the mountain Col. McMaster was behind ; he gave the officers
an order to fall back to the top of the hill and rally the men there,
while he moved to the right where Major Means was wounded.
Q. Was Col. McMaster absent from his command at any time during
the fight at Boonsboro ?
A. No, sir.
Q. Which was the last Regiment left upon the field at Boonsboro ?
A. The 17th Regiment, Col. McMaster's. .
Q. Did you see anything of Gen. Evans during the fight at Boons-
boro ?
45
A. No, sir; the last place I saw G-en. Evans was crossing a little
bridge after we had passed through Boonsboro ; I think he was talking
to Gen. Lee ; this I think was the last time I saw Gen. Evans until
after night or about dark.
Q. When was the first time you heard of the charges of cowardice
being preferred against Col. McMaster ?
A. I can't tell the date, but think it was after the battles of Kin-
ston and Goldsboro.
Q. What is Col. McMaster' s reputation as a man of courage among
the officers of the army ?
A. It is good as any man in the army, at home or any where else.
Q. What is his reputation among the officers as to his conduct at
Boonsboro ?
A. Good ; all confidence in him.
Q. What is his reputation in and out of the army as an officer and
gentleman ?
A. Good as an officer and a gentleman ever since I became acquaint-
ed with him.
Cross-examined — By Judge Advocate. — Q. Were you with Col.
McMaster all the time in the different battles you describe ?
A. Yes, sir, except at Kinston on Saturday, when I was detached
under Col. Radcliffe.
Q. Are you sure it was Col. McMaster who gave the different orders
in those battles which you have stated ?
A. Yes, sir.
« Q. Could he not have been absent a short time at Boonsboro without
your notice ?
A. No, sir, he was very near me all the time, just on my right.
Q. Do you know whether the other Regiments of your Brigade had
ceased fighting or merely changed to a different position when your
Regiment retreated ?
A. I don't know, sir; the first thing I knew was that the enemy
had flanked us on the left,' and our men had ceased firing, or I could
not hear them firing in that direction.
Q. What became of all your Regiment besides the thirty men you
mentioned as rallying on the hill at Boonsboro ?
A.. We only took in some fifty or sixty, and we lost a good many
killed and wounded ; some were taken prisoners, and others don't
know what became of them.
46
April 8, 1863.
Lieut. W S. Moore, 17th S C. V. — For defence — sworn.
By Accused. — Q. How many battles have you been in with Col.
McMaster ; name them ?
A. Rappahannock, Manassas No. 2, Boonsboro, Sharpsburg and
Kinston.
Q. What was Col. McMaster's conduct for courage in all of these
fights ?
A. Good; he acted bravely and cool.
Q What was Col. McMaster's conduct in the battle of Sharpsburg;
describe it particularly ?
A. He acted very brave and cool there ; I recollect and noticed him
particularly there going up and down the line of battle, and going to
some of his men lying down, and calling upon them to shoot down the
ofiicers of the enemy ; I noticed this several times, and remarked to
Col. McMaster that he was exposing himself unnecessarily ; the bullets
were then flying like hail ; we then fell back from that position one
hundred and fifty or two hundred yards to an apple orchard,, and fired
from that position, I suppose half an hour, perhaps longer; I also
noticed Col. McMaster go to -a man who had an Enfield rifle, and point
towards a Yankee officer and tell him to shoot him down ; we were
again driven back from the orchard one hundred or one hundred and
fifty yards to a rock house, and went into it, Col. McMaster with us,
who said to raise the windows to shoot through ; he also told some of
the men to go up stairs and knock off some of the roof of the house,
and ordered some men to go up and fire from the roof; I went into thet
house as I was outside at times shooting, and told McMaster if we did
not leave there we would all be taken prisoners ; the enemy were then
on the right and left of the house some one hundred yards distant ;
Hoi. McMaster then ordered his men out of the house and to fall back;
this was about 2 or 3 o'clock in the evening.
Q. Did you see any sign of the enemy's bullets on Col. McMaster's
clothes ; did you see any man killed at his side in the orchard ?
A. Yes, sir ; after we left the rock house, I said to Col. McMaster,
l<! your hat has been shot through in two places, also your coat sleeve ;"
I did see a man killed at his side ; it was the one he told to* shoot
down the Yankee officer ; this was one of the times I noticed him.
Q What was Col. McMaster's conduct at the battle of Boonsboro ;
state all that you know about it ?
47
<
A. He went into the battle with us ; our Company was on the right ;
I did not see him during the battle ; there was a large rock that pre-
vented me from seeing him ; the rock being very close to our left ; I
could hear him talking, but did not see him ; I heard him say to his
men* to fire low, not to fire too soon ; when he gave the order to fall
back, I then saw him passing by the rock ; he said to his men to retire
in good order ; we fell back about two hundred yards, then Col. Mc-
Master rallied the men again ; we fired a few times from that place,
and McMaster said it was not possible to hold that position, and we
fell still further back.
Q. Was Col. McMaster absent from his command at any time during
the fight at Boonsboro ?
A. Not that I know of.
Q. Did you see anything of Gen. Evans during the battle of Boons-
boro ?
A. I did not ; I saw him after we came out.
Q. When was the first time you heard of the charge of cowardice
against Col. McMaster?
A. I think it was some time in January.
Cross-examined — By Judge Advocate. — Q. Did the rock of which
ycu spoke afford Col. McMaster any shelter from the fire of the
enemy ? 9
A. No, sir, not at all.
Q. How do you know, as you could not see him ?
A. I could see along the sides of the^rock, and could hear him talk-
ing at some distance from the rock ; I knew he was there.
Q. Are you positive that he could not have been absent for a short
time during this fight ?
A. It might be possible.
Q. Were there any large rocks near your second position or the
place to which you fell back ?
A. Yes, sir.
Q. How long altogether did you remain in this fight, and how many
men did Col. McMaster bring out of it ?
A. I think we were in the fight probably an hour ; to the best of
my knowledge some seventy or eighty men.
Q Do you know whether any other Regiments of the Brigade con-
tinued to fight after your Regiment letired ?
A. They did not.
48
»
Q. Did you see all the other Regiments retreat ?
A. No, sir.
Adjutant Dubose, Holcombe Legion — Sworn.
By Accused. — Q. How long have you been in the army, and ,what
was your profession before you entered it ; what was your rank at the
battle of Boonsboro ?
A. I entered the army in November, 1861 ; I was a student for the
ministry and about to be ordained ; I was Adjutant of the Holcombe
Legion, but commanded it at that time.
Q. What was Col. McMaster's conduct at the battle of Boonsboro ;
state all that you know about it ?
A. The Legion was deployed as skirmishers to cover the front of
the Brigade ; the skirmfshers were driven back, and I retired to where
the Brigade had been when I left it ; I did not see the other Regi-
ments at the time, but heard fighting on the right of the Brigade, and
going there found it to be Col. McMaster's Regiment hotly engaged at
that time ; I went to the Regiment and saw Col. McMaster, and the
Regiment; they were fighting, doing all they could be expected to do; I
only stopped for a moment ; saw Col. McMaster and afterwards saw
Col. Stevens ; when I went to him, I left Col. McMaster and his Regi-
ment fighting, which was the la3t I saw of him in it, and they were
further advanced at that time than any of the rest of the Brigade.
Q. When was the first time you heard of the charge of cowardice
against Col. McMaster ?
A. Several weeks ago I heard that such charges had been sent up
against him ; I think I heard it from himself.
Q. How long have you known Col. McMaster ; what is his reputa-
tion <or courage among the officers, and what his reputation as an
officer and gentleman in and out of the army '(
A. Almost as long as I can remember ; I know him to be unexcep-
tionable as a gentleman, and I have never heard but one suspicion as
to his character as an officer, and that is contained in these charges; I
would say his reputation is perfectly unexceptional in both respects.
James W Conner, Adjutant 17th Regiment S. C. V. — For defence —
sworn.
By Accused. — Q. How many Assistant Surgeons were there in the
17th Regiment S. C. V during the month of November, 1862 ?
49
A. There were two Assistant Surgeons and one Surgeon.
Q. In the tri-monthly reports has it been the custom in the army to
report absentees by name ?
A. No, sir, it has not; I have never been required to do it since I
have been acting as Adjutant.
Q. By whom were the blanks or forms furnished upon which the
tri-monthly reports of the 17th Kegiment have been made; where
did you get them from ?
A. They were furnished by Gapt. Erans, the Adjutant General.
Q. Upon the line of Field and Staff in the report marked B, there
is one officer reported absent without leave ; who does that refer to ?
A. It refers to Dr. Waring, Assistant Surgeon of the Regiment.
Q. How long have you been a soldier, and how many battles have
you been in with Col. McMaster, and what has been the conduct of
Col. McMaster for courage in those battles ?
A. I was a soldier eighteen months under Col. Butler in the Pal-
metto Regiment in Mexico ; was in four battles there ; I have been in
four regular buttles with Col. McMaster, and he has been as brave as a
man could be ; I would say brave to a fault, and I have been a close
observer.
Q. Did Col. McMaster go into the fight with his Regiment, at Boons-
boro, and did he remain with it until you left ? When did you leave
the fight?
A. He did. He did remain with the Regiment. I left the Regi-
ment after it commenced falling back. I fell back in the rear of the
Regiment. Col. McMaster fell back with it, and remained with it as
long as I could see and hear, cheering the Regiment, ordering them to
shoot low, perfectly calm, &c.
Q. How do you know Col. McMaster was with his Regiment in the
fight; what was his conduct there? tell all you know about it.
A. In the first place, I know it by being with him all the time, un-
til the Regiment fell back. After I fell back across the hill, went
straight across it, I then went to the left until I got into the turnpike
road, and there I found Col. McMaster with the Regiment. I was
only separated from him a short time, and I was told by all the Com-
missioned Officers that he was present all the time ; there were ten of
them, two are now dead. I will say, that in all tile battles that I have
50
been in, Col. McMaster is one of the coolest men I ever saw, under
fire.
Q. How long have you been Adjutant of the 17th Regiment, S. C.
V., and by whom were you appointed ?
A. I have been Adjutant of the 17th Regiment since the 1st of
May, 1862. I was appointed by Ex-Governor J. H. Means, then
Col. of the Regiment.
Q. Did you see anything of Gen. Evans during the fight at Boons-
boro, and when ?
A. I saw him when I fell back across the mountain, in the rear of
the Regiment, 350 yards in the rear of the mountain. The place where
Gen. Evans was, to where the Brigade or the enemy was, was at
least 550 or 600 yards ; he was on the side of the mountain nest to his
friends, the mountain being "between him and the enemy. Our force
and the enemy on one side, and Gen. Evans on the other.
Q. Is Capt. Corrie still on Gen. Evans' Staff?
A. I think he is; am not certain.
Q. How near were you to Gen. Evans when you saw him, and what
sort of a horse was he riding ?
A. When I first saw Gen. Evans it was about 350 yards, but I con.
tinued to retreat until I struck a little flat, and then I remained a little
while. 1 suppose it was about 200 yards from this place to where he
was, he had a grey horse and was standing on the ground holding him
by the reins, I think by the bit, the reins off the neck of the horse.
Cross-examined by Judge Advocate. — Q. Under what law were two
Assistant Surgeons to one Regiment authorized, and did they both hold
appointments from the C. S. Government?
A. The way it happened, the Surgeon was detached and left at Ma-
nassas, in charge of the wounded men; then the Assistant Surgeon
was detached and left at Shepherdstown, and another was sent to us.
Afterwards both got together again ; one has since resigned, and the
other is still with us.
Q. Have you, since acting as Adjutant, made out no returns in which
absentees are accounted for by name ?
A. I have not ; no field return or monthly in that way, except once
by special order.
Q. Was the absence of Assistant Surgeon Waring reported as absent
without leave ?
51
A. Yes, by the Colonel's order, as soon as he knew of it ; he had
been sent to Kinston sick.
Q. Could not Col. McMaster have been absent from his Regiment a
short time, during the fight at Boonsboro, without your knowledge ?
A. No, sir, he could not; impossible.
Q. How far did Col. McMaster retreat across the mountain, when,
as you say, you saw Gen. Evans, at the time you came across and saw
Gen. Evans as described?
A. He came to the top of the hill and fought the enemy there, when
he rallied his men.
Q. Could not Gen. Evans, from the position be was in, have seen
Col. McMaster on the top of the mountain, or if he had crossed it?
A- He could have seen him, if Col. McMaster was there, but at the
time Col. McMaster was there Gen. Evans was gone.
Q. Were you not looking at Gen. Evans, and was not the top of the
mountain behind you ?
A. I was looking at Gen. Evans when I saw him, when I turned to
look again he had gone, I did not know where he had gone to.
Q. How long were you absent from your Regiment at that time ?
A! I suppose I was absent half an hour, until I got round to the
road.
By the Court. — Q. What occasioned your absence of half an hour?
A. In retreating back to the rear, I went straight across the mountain
and came out into the road ; the Regiment bore a little too much to the
left for me, and it was dangerous forme to rejoin the Regiment direct,
as the enemy were flanking in all directions.
Sergeant Amos Nunnery, 17th S. C. V — Witness for defence —
sworn.
By Accused. — Q. State whether the paper marked is a correct copy
of the tri-monthly report which was made of the 17th Regiment, S. C.
V., on or about the 8th of October, 1862.
A. I believe it is, sir.
[By requaet of Judge Advocate paper withdrawn until next day.]
Lieut. Ferguson, 17th S. C. V. — Witness for defence — sworn.
Q. Where were you during the battle of Boonsboro, and did you
see Col, McMaster at any time separated from his Regiment ?
A. I was behind the Regiment, in its rear about one hundred yards,
I suppose. I did not see Col. McMaster away from his Kegiment.
Q. On which side of the mountain, at Boonsboro, were you. ; on the
same side where the Brigade was engaging the enemy, or on the other
side ; i. e., was the mountain between you?
A. I was -on the same side where the Brigade was.
Q. Did you see Col. McMaster during the engagement, and where was
he?
A. I did, he was with the Regiment.
Q. How long did Col. McMaster remain with his Kegiment?
A. He remained as long as I could see him. About 20 or 30
minutes after they commenced' shooting, we began to take back the
wounded. I was oh the ambulance corps.
Q. Did you see Gen. Evans during the fight?
A. No, sir; I did not.
Gross-examined by Judge Advocate. — Q. Did you see Col. McMaster
during the whole of the engagement, if not, for how long a time was
he out of your sight ?
A. I did not. At different times I was back, in the rear with the
wounded. I suppose, in all, I did not see him for half an hour "alto-
gether.
Q. How long did the fight last ?
A. I suppose one-half hour or three-quarters, perhaps an hour.
April 9th, 1863.
Sergeant A. L. Nunnery, 17th Regiment, S. C. V. — Witness for
defence — -sworn.
Q. Was there any Sergeant Major of the Regiment, on or about the
9th of October, 1863 ?
A. There was none in the Regiment at that time. We had none
from the 28th of September until we came to this State, some time
near the 12t'h of November.
Q. Were there two Assistant Surgeons in the Regiment about that
time ?
A. There was, sir ; one present and one absent on detached service.
Q. What day did the Regiment leave the Opequan, and when did it
encamp near Winchester ?
A. It left the 28th of September. We encamped about the 30th,
near Winchester, and next day moved to the woods.
53
Q. Were you acting as Adjutant of the Regiment during the month
of October, 1862 ? Was the Adjutant absent during that time ?
A. I was so acting, and the Adjutant was absent.
J. H. Cathcakt, Co. E, 17th Regiment, S. 0. V- — Witness for de-
fence— sworn.
Q. Did you see Gen. Evans during the fight at Boonsboro, and where
did you see him, and how were you employed during the fight ?
A. I saw him during the fight. I was on the ambulance corps, and
about one hundred and fifty yards behind the Regiment. The fight
had been going on about 10 minutes, and a wounded man came out,
and I assisted him, and went with him about three hundred yards across
a flat. I came to the brow of the mountain, and there I saw G-en.
Evans and three other men with him, on horses. I went up to him
and asked him where was his hospital; he told me " down in the road
there."
m Q. At the place you saw Gen. Evans, could the Brigade be seen
from there ? What prevented its being seen ?
A. No, sir, there was another hill or brow between it and the Brig-
ade.
Q. How long did it take you to carry the wounded man from your
place, in rear of the Regiment, to the place you spoke to Gen. Evans?
A. I think it was about ten minutes.
Cross-examined by Judge Advocate. — Q. How long did Gen. Evans
remain at this place ?
A. I don't know; I passed on by him to the hospital.
Q. Could Gen. Evans, from where he was, or by moving a short dis-
tance, have seen any one retreating from the Regiment, when they
came to the top of the first hill nearest the Regiment?
A. No, sir, I don't think he could; there was a flat between the hi.l
I was on, and the one the General was on; was some two hundred and
fifty yards across. The Regiment was formed on the side below me, or
on the opposite side.
Private Jackson, Co. E, 17th S. C. V.— Witness for defence —
sworn.
By Accused. — Q. Did you see Gen. Evans during the fight at Boons-
boro, and when did you see him, and how were you employed during
the fight ?
54
A. Yes, sir, about the time it was ending, or a short while before it
ended. I was taking off a wounded man, as I belonged to the ambu-
lance corps. He was behind a cliff of rocks, on the opposite side of
the mountain to where they were fighting, between five or six hundred
yards in the rear of the Brigade, or Regiment, rather.
Q. Was there any person with Gen. Evans when you saw him ?
A. No, sir.
Q. How long had the fight been going on before you assisted to car-
ry off the wounded man ?
A. It had been going on some 30 or 40 minutes, I don't recollect
exactly what time it was.
Q. Do you belong to Captain Mills' Company ; in December last,
did he have any relations on Gen. Evans' Staff, and who are they ?
A. I do. Captain Mills had a brother.
Cross-examined by Judge Advocate. — Q. How long a time did you
see Gen. Evans, and did you see him again after the time you men-
tioned ?
A. I did not see him again until the fight was over. It was not so
long as ten minutes, nor don't know whether it was five minutes that I
saw him. I saw him after I had taken the man to the hospital. I
met him in the road.
Corporal Merritt, Co. E, 17th Regiment, S. C. V. — Witness for
defence — sworn.
Q. Did you see Gen. Evans during the fight at Boonsboro, and
Where did you see him, and how wero you employed during the fight?
A. No, sir, I did not. I belong to the ambulance corps.
Q. Did you see Col. McMaster during the whole fight, at Boonsboro,
and where was your position during the time ?
A. I did see Col. McMaster during the whole fight. My position
was about one hundred and fifty yards in the rear of the Regiment.
Cross-examined by Judge Advocate. — Q. Were you not busily em-
ployed in the duties of the ambulance corps ; if so, are you positive
Col. McMaster was not out of your sight during the fight ?
A. No, sir. I never took off any person at all, but was in the rear
of the Regiment. He was not out of my sight during the fight.
Q. Describe the different positions in which you saw him, and when
you left the field.
A. I saw Lim right behind his Regimout when it was in line of
battle, when it began to fall back h& was behind his Regiment, cheer-
ing them, and keeping them together. I fell back with the Regiment.
I staid until the Regiment fell back.
Q. Were there not a great many rocks on the ground, and could not
Col. McMaster, for a short time, be hid from sight ?
A. He would not be hid from my eight on account of rocks.
Dr. David Lyle, Co. A, 17th Regiment, S. C. V — Witness for de-
fence— sworn.
Q. Did you see Cen. Evans during the fight at Boonsboro; where
did you see him, at what time during the fight, and how were you em-
ployed ?
A. I did. I saw him on the opposite side of the" mountain, when
our Brigade was in line of battle, I think about thirty minutes after
the action had commenceo. I was detailed, that evening, to act as As-
sistant Surgeon of the 17th Regiment.
Q. How far was Gen. Evans, when you saw him, from where the
Brigade was fighting. Could he see the Brigade from there, and what
prevented its being seen ?
A. I suppose it was three hundred and fifty yards. He cruld not
see his Brigade from where he was, for the ridge of the mountain was
between him and his Brigade.
Q. Were there any large rocks near where he was ; was he on foot
or on horseback ?
A. There were large rocks not far from where he was, and he was on
horseback when I saw him.
Cross-examined by Judge Advocate. — Q. Did you see anything of
Col. McMaster during this fight ?
A. No, sir, not during the engagement.
Q. How long did Gen. Evans remain in the position you have de-
scribed ?
A. I don't know; I passed him with some wounded men, myself
and some others. •
Re-examined by Accused, — Q. Was your position such during the
fight that you could have seen Col. McMaster if he was with his Regi-
ment ?
A. No, sir. »
' DEFENCE CLOSET".
56
April 10, 1863.
Deposition of Walter B. Metts, lato Commissary 17tli Segiment S.
C. V. — Witness for the prosecution.
Q. State under what circumstances you left the 17th Regiment S.
C. V about the 20th of September, 1862.
A. Having received letters from home stating that my wife was in
a dying condition, I left the Regiment on 24th of September, 1862,
having previously tendered my resignation as Commissary of 17th Regi-
ment S. C. V-, which was accepted on 30th of same month.
Q. Had or had you not permission from Brig. Gen. N. Gr. Evans,
commanding Brigade, to leave, and for what length of time ?
A. I had not permission from Brig. Gen. N. G. Evans to leave the
Regiment.
Q. Had you or had you not any conversation with Col. F. W Mo-
Master, 17th Regiment S. C. V., as to leaving; if so, state that con-
versation ?
A. I had a short conversation with Col. F. W McMaster the day
before leaving the Regiment, in which 1 informed him of my intention
to leave the next day ; lie* replied that he sympathized with me in my
affliction, but that he had no power to' grant me permission to leave,
and that if I did so it would be at my own peril.
Q. Did or did not Col. F. W McMaster tell you that he would con-
ceal your absence from Brig. Gen. IS. G. Evans, commanding General ?
A. I answer most emphatically that he did not.
Q. Where was Gen. Evans' Brigade at the time you left it ?
A. Gen. Evans' Brigade at the time I left was on the Opequan
River, near Martinsburg, Virginia.
Q. Do or do you not know that Col. F W McMaster did conceal
your absence from Brig. Gen. N. G. Evans, his commanding General ?
A. I know that Col. McMaster did not conceal my absence from
Gen. Evans ; I in person before leaving the Regiment informed Gen.
Evans of my intention to leave.
By Accused. — Q. What time did you leave the Brigade ; was it not
about the 25th September, 1862 ?
A. I refer to my answer to first direct interrogatory.
Q. Did not Col. McMaster tell you he had no power or authority to
grant leave of absence, and if you went, it must be at your peril ?
A. I answer he did.
Court adjourned until loth instant.
57
COL. MONASTER'S DEFENCE.
Mn. President and Gentlemen :
You have for your consideration to-day an officer -arraigned by his
superior for cowardice, mutiny, and complicity with his subalterns in
evading regulations made for the government of the army, a series
of crimes which naturally follows from the least. The man who would
be obnoxious to the charge of the. greater crime, and who would desert
the post of honor in the hour of danger, jwould secretly and feloniously
foment mutiny in the camp, would seek popularity in shielding his
men from punishment by concealing tbeir delinquencies.
The charges are grave, and involve an amount of depravity that it
is hopeu is seldom witnessed in the tribunals of justice which deter-
mine them in the Confederate army.
It has been said that in the old United States Army the decisions of
Courts were always on the side of power. The charges of subalterns
against superiors were quashed, and of superiors against subalterns
generally sustained. This may have resulted from its organization.
The superiors were men who had the opportunities of education or
position arising from friends and influence.- The inferior was generally
the child of fortune, who betook himself to the army because, society
afforded him no means of honest support. In the magnificent array of
troops which now constitute the Confederate Army such a distinction
no longer exists. The accidental position of many has elevated them
to rank superior to numerous others who have greater qualifications of
mind and heart. The. military rank of the individual now is no crite-
rion of his deserts ; and although position with its dazzling parapher-
nalia may enlist the ' affections and make supple the knees of many;
thank Heaven, despotism does not yet reign amongst us to such a
degree, but there are men who can look beyond the gaudy trappings
of power to the eternal principles of truth, justice and equity !
The second charge is mutinous conduct.
Specification 1. — That Col. McMaster did attempt to incite mutiny
against his commanding officer, by visiting officers and asking them to
si^n a paper to be relieved from the command of Gen. Evans.
Specification 2. — Did exercise himself among the officers and troops
of the Brigade to induce them to sign the paper, and use false induce-
58
nients ; that in signing the paper they would be ordered to South
Carolina.
It is true that three witnesses have testified that the accused had
some conversation with them in relation to signing the paper which
has been offered in evidence, but they all testify that he used no
inducements of any sort for the purpose of prevailing upon them to sign
it, much less any such inducements as are alleged in the second speci-
fication. There is no proof then to sustain this second specification;
he did not exercise himself to induce them to sign the paper, and
could not therefore have offered any false inducement. The allegation
is not sustained by the proof, and the accused is entitled to an acquittal
of the second specification.
The first specification is, that he endeavored to incite to mutiny by
visiting the officers and asking them to sign the paper.
He did ask two of his officers to sign the paper, which it ap-
pears is a petition altogether respectful in its terms, addressed to
the proper authority, asking to be transferred from Gen. Evans'
command, signed by the officers who were in command of four
Regiments, and thirty-four out of the thirty-nine Companies. But the
allegation is, that he thereby endeavored to incite to mutiny ; that he
visited the officers and asked them to sign the petition with this intent.
"What evidence is there of any such evil intent on the part of the
accused ? This is the allegation, the evidenoe does not sustain it, it
fails to show any such intent as alleged, and the accused therefore in-
sists that he is entitled to an acquittal of this first specification.
But suppose the Court should come to the conclusion that the
accused did visit the officers of the Brigade, and ask them, and indeed
endeavored to induce them to sign the petition, and that without any
proof of the intent with which the acts were done, he could be found
guilty of the' specifications, then the accused respectfully submits that
the specifications do not sustain the charge. The allegation is that
" he did attempt to incite a mutiny" by visiting the officers and ask-
ing them to sign a paper to be relieved from his command ; can this
possibly be construed to be mutinous conduct ? The very nature of a
petition is the recognition of authority and law ; we, in this country,
look upon it, not only as a great Anglo-Saxon privilege, but as a
natural right of man. But the General, at the conclusion of the second
specification, sagely remarks, " all of which is mutinous conduct,"
59
Where did he get his learning ? he may have the grimace, but he has
none of the inspiration of the Sybil. Not content with having ac-
quired the reputation of a hero, he, now seeks the more enduring fame
of an expounder of the law. He has forgotten that the foUowers of
Mars are not necessarily the favorites of Minerva. The law is too
jealous a mistress to be won by a coup de main. By what species of logic,
admitting all the allegations to be true, will he make mutiny ? Was
there any spirit of insubordination or wild riot there ? Were there
any threats to hang the General, and refuse obedience to the law 1
Were not all his orders promptly obeyed ? Mutiny, as the very term
imports, is a resistance to lawful authority, but the act here alleged to
have been committed by the accused, is asking others to appeal "with
him to lawful authority to be relieved with him from a command with
which he and they were dissatisfied. Is this any offence at all ? If
each had petitioned separately, it clearly would have been but the
exercise of an admitted right. Does its being a joint petition alter
the case ? If there is any offence at all here alleged, it can only be a
combination to do a lawful act, and the offence, if offence there be,
consists in combining to do that which if done by each officer sepa-
rately would be but the exercise of an indisputable right, and might
be held, to be prejudicial to good order and military discipline. Whether
this be so or not, it is unnecessary to inquire, for this is not the charge
against the accused, and if the acts alleged do not amount to mutinous
conduct, the accused cannot be acquitted of that offence, and found
guilty of some other offsnce with which he is not charged ; " for if the
facts stated in the specifications would not if proved make up the
charge, both charge and specifications are to be rejected, for the Court
are to pass on the particular crime charged, and no other." Judge Ad-
vocates Vade Mecum, page 251.
Charge third is violation of General Order No. 96, and conduct
highly prejudicial to good order and military discipline.
Specification 1. — In this, that he failed to report the absence of
Lieutenant E. M. Neely. There is no evidence that Lt. Neely was ab-
sent, and the Judge Advocate has abandoned this part of the specifica-
tion. Further, that he failed to report the absence of Private S. A.
McElwee, knowing him to have been absent for several days ; this near
Halifax Court House, on or about the 14th of November. There is
but one witness upon this portion of the specification. Capt. Mills
60
testifies : " All that I know is, that when I returned to rny Regiment, from
on furlough, about the 20th or 22d of November, McElwee was absent,
by whose leave or authority I don't know ; he had been detailed from
my- Company as wagoner for the Regimental Commissary, and I missed
him only by not seeing him with the wagon. McElwee enlisted in my
Company, but was on extra daily duty, as a teamster. I have no recol-
lection of ever having reported his absence to Col. McMaster." This is
all the testimony. It docs not appear when McElwee went away, nor
when he returned ; it only appears that he was absent on the 20th or
22d, when Capt. Mills returned. It does not appear where this absence
occurred ; the allegation is that it was at Halifax C. H., N. C. It
must be proved, as alleged, or the prosecution fails. But it is further
alleged, that Col. McMaster knew of his absence for several days It
does not appear that he was absent any number of days, and there is
no evidence that the accused knew of his absence ; on the contrary,
the evidence is that the Captain of his Company did not report his ab-
sence to the accused. So thus the prosecution altogether fails as to
this specification.
Specification 2. — That he failed to report the absence of Assistant
Surgeon Waring, when he knew that the said Waring had absented
himself without leave from the proper authority. This at Kins-ton, N;
C, on or about 20th Nov., 1862.
It appears, from the evidence, that Assistant Surgeon Waring ab-
sented himself between the 20th and 24th of November. Capt. Evans,
A. A. G., states that "about the 28d or 24th, in reply to a question of
Gen. Evans, Col. McMaster said that Dr. Waring had gone to Golds-
boro. Cen. Evans told me to write to Dr. Waring, so I brought the
letter to Gen. Evans, and Col. McMaster said, give me the letter, I
will send it to him at Pineville, as I intend writing to him. Gen.
Evans asked, how would he get off ? Col. McMaster replied, that there
was a kind of free masonry among the Doctors." The absence of Dr.
Waring was not reported until called for by Gen. Evans, and Col. Mc-
Master instructed to report it, by Gen. Evans. This is the amount of
the testimony for the prosecution, upon this specification.
It is not true, as alleged in the specification, that the accused failed
to report his absence. There is no evidence to fix precisely the time
when Assistant Surgeon Waring left. According to the testimony of
Captain Evans, he was gone on or about the 24th or 25th of Novem-
61
ber, and that is all that is made to appear, as far as the time is con-
cerned. G-en. Evans says, that it had been reported that he had been
gone several days, or three days ; not officially reported, of course these
mere reports do not help to fix the time. The accused has a right to
assume then that he left on the 25th, as it. is not made -to appear, by
the testimony for the prosecution, that he left any sooner. The evi-
dence shows that Gen. Evans, himself, knew at that time that be was
gone, and had a conversation with the accused about his absence.
Why then is it made a grave charge against the accused, that he failed
to report the absence of Assistant Surgeon Waring to the Brigadier
General, when the General knew that he was absent, and had a conver-
sation with the accused upon the subject, about the time that absence
occurred. But the accused did report his absence, officially. Gen.
Evans has proved, when asked as to the strength of Col. McMaster's
Regiment, at the battle of Boonsboro, that reports were required to be
made every ten days; and Captain Evans proves that, from the 1st of
November, they were made on the 8th, 18th, and 28th of the month.
Now the absence- occurred about the 24th or 25th, certainly there is no
evidence that it did before the 18th. And in the monthly report, the
paper marked B, of the strength and condition of his Regiment, he
reports Assistant Surgeon Waring absent without leave. The report,
in the column for Field and Staff, shows, present for duty, Colonel,
Major, Adjutant, Commissary, Assistant Surgeon, Sergeant Major,
Quarter Master Sergeant and Ordnance Sergeant, five officers and three
non-commissioned officers, eight in all. Absent, Lieutenant Colonel,
Quarter Master and Surgeon, three officers, who are reported absent on
furlough, and one officer is reported absent without leave, which must
be the other Assistant Surgeon, there being two Assistant Surgeons
attached to the Regiment at that time, for every other officer is ac-
counted for as being present for duty or absent on furlough. And
even if the report was not sufficiently certain in itself, it is explained
by the testimony of Adjutant Conner, the Adjutant of the Regiment,
who proves that the one officer reported absent without leave, refers to
Assistant Surgeon Waring, and that his absence was reported as soon
as it was known. Captain Evans says, that in the tri-monthly reports
absent officers ought to be reported by name, but yet ,he further testi-
fies " that the report marked B, is according to the form in which such
reports are usually made. The reports of the 17th Regiment were
62
usually made on blanks or forms like these." Now, not only had no
objection been heretofore made to the form of these reports,
but Adjutant Conner proves that these very blanks or forms
were forwarded to the 17th Regiment by Captain Evans, A.
A. G., and an examination of the forms or blanks will show
that the absentees could not be noted by name, for there is no room
on the blank to do so. And the Adjutant of the Regiment testifies
that he never had, in a tri-monthly report, noted the names of the ab-
sent officers, and he has been Adjutant since 1st of May, 1862, and
no objection has ever been made to the report upon that account. The
accused must be permitted, here, to say one word in explanation of the
evidence of Gen. Evans, as to the conversation about the absence of
Assistant Surgeon Waring. The General says that " the accused then
told me that he did not know where he was, but said, at last, give me
the paper, I know he is in Pineville," thereby insinuating that the ac-
cused had prevaricated about his absence. Capt. Evans, A. A. G.'s
report of this same conversation, shows that Gen. Evans had forgotten
the conversation, or had untruly reported it. Capt. Evans states that,
" in reply to a question from Gen. Evans, the accused said he had gone
to Goldsboro. Bj the direction of Gen. Evans, I wrcte a letter to As-
sistant Surgeon Waring. I brought the letter to the General for his
perusal. The accused then said, give me the letter, I will send it to
him, to Pineville, as I intend writing to him. Gen. Evans then asked
how would he get off, (of course referring to his getting off from Golds-
boro, where the accused had already informed liirn that he had gone,)
the accused replied that there was a kind of free masonry among Doc-
tors." So that the accused did not know, and did not say that he had
gone to Pineville, but that he had gone%to Goldsboro, and as Assistant
Surgeon Waring lived at Pineville, and was very ill, he felt assured
that he would go home, and that he would manage and get off from,
the Hospital, at Goldsboro, for there was a kind of free masonry among
Doctors.
The accused, then, didfnot fail to report the absence of Assistant
Surgeon Waring, but, as the evidence shows, did report him, in his
next tri-monthly report, which was but a few days after that absence
occurred. But the testimony goes further than this, and establishes
that Dr. Waring had not absented himself without leave from the
proper authority. For Dr. Russell testifies that " I was acting as Se-
6:-J
nior Surgeon of the Brigade, and about the latter part of November,
I ordered Dr. Waring*, from Col. MoMaster's Camp, below Kinston,
(he was then sick) to the Hospital at Goldsboro, and I had authority
to give the order." And it is only from the testimony of Dr. Russell,
that it appears that the absence of Assistant Surgeon Waring occurred
at Kinston, the place alleged in the specification. The accused there-
fore submits that he is entitled to an acquittal of this specification.
One single word as to the charge. As to the violation of the General
Order, No. 96, that order was not published, at ltichmond, until the
27th of November. The acts which are relied upon as a violation of
the Order, are alleged to have occurred before that time, and therefore
if the specifications were proved they could not sustain the charge.
The fourth charge is conduct highly prejudicial to good order and
military discipline.
Specification. — That he did visit Sergeant Kinloeh and Private
Seignious, couriers for his commanding General, and did attempt to
incite them to insubordination by stating that General Evans was a
drunkard and a coward.
There is no evidence that the accused visited these persons named,
but that he met them by accident at Bailey's Hotel, and they were
talking about Gen. Evans' trial then going on at Goldsboro. There is
no evidence that these persons were the couriers of the commanding
General. There is no evidence of any attempt to incite them to in-
subordination. The accused did not state that Gen. Evans was a
drunkard and a coward, nor words to that effect, but that Col. Duno-
vant had said that he was " a liar and a coward." If this be any
offence at all, and the accused submits it is not, the witnesses cer-
tainly do not sustain the specification, and the accused is entitled to
an acquittal of this specification and charge.
Charge 5. — Conduct unbecoming an officer and a gentleman.
Specification. — That he did state to Sergeant Kinloeh and Private
Seignious that John Dunovant had sent word to Brig. Gen. Evans
that he was a coward and a drunkard, all of which was false.
The evidence is that the accused etated that Col. Dunovant had said
in the presence of Capt. Currie, that Gen. Evans was a liar and a
coward, and that he thought Gen. Evans would hear it from him. It
is in evidence that Capt. Currie was the Aid-de-Camp of Gen. Evans,
so that the proof does not sustain the allegation, for the allegation is
(34
that he said that Dunovant sent such a message, whereas the evi-
dence is that he said that Dunovant had said so," not that he had sent
such a message to him, and the variance is a material one ; but the
gist of this specification, as it is in support of a charge of conduct un-
becoming an officer and a gentleman, is, thab the statement which the
accused made was false. What evidence is there to show that it was
false? Gen. Evans says he never received such a message. The spe-
cification is, not that it was received by hiin, but that it was sent.
The statement of the accused was not even that a message was sent,
but that the words were spoken by Col. Dunovant. What then does
the testimony of Gen. Evans amount to ? There was a person by
whom its falsehood could have been proved, if indeed the statement is
false, and that is Capt. Currie, the Aid of Gen. Evans, for the state-
ment is that the words were spokeu in his presence. Why then make
such a charge as this against the accused, and then fail to bring for-
ward the witness who was upon his own Staff, and Gen. Evans knew
what he would testify ? Who could sustain the allegation here made,
if it was suscepfible of proof? Gen. Evans knew very well that if
Capt. Currie had been examined he would have proved that Col.
Dunovant did use these words, and he would thus have convicted him-
self of having preferred a false accusation against the accused. The
accused has summoned Col. Dunovant to appear here, but he has been
unable to procure his attendance, for the reason no doubt that the
enemy have attacked, and are still threatening a further attack upon
Charleston. It is true there was no necessity for his testimony, for the
prosecution has altogether failed to establish his accusation, but the
accused desired to have the statement of Col. Dunovant, who is a high-
minded and honorable man, and has a thorough knowledge of Gen.
Evans' character, and has no hesitation in avowing it. The accused
submits that he is entitled to an acquittal of this specification and
charge.
Charge 6.— Violation of the 18th Article of War, and conduct
highly to the prejudice of good order and military discipline.
Specification 1. — Did fail to report the absence of late Capt. W B.
Metts, Commissary of his Regiment, and did further connive at and
conceal his absence from his commanding General.
From the evidence it appears that Capt. Metts left the Regiment on
the 24th of September. The next regular tri-monthly report would
65
have been made on the 29th of September, but at that time the Bri-
gade was on the march, having left the Opequan River on the 28th
for Winchester, aad for that reason no report was made at that time. t
The next regular tri-monthly report was on the 9th October, which
is the paper in evidence marked — , and in that report, in the column
of Field and Staff, Capt. Metts, the Commissary, is reported absent.
There was at that time no Surgeon, Dr. Wylie having resigned since
the last report, nor any Sergeant Major to the Regiment. There were
two Assistant Surgeons. The report shows, of the Field and Staff,
four officers present for duty, Colonel, Quartermaster, Assistant Sur-
geon and Quartermaster Sergeant ; six reported absent, Lieut. Colonel,
Major, Adjutant, Commissary, one Ordnance Sergeant, and one As-
sistant Surgeon, makes up the six, and accounts for the whole Field
and Staff. But why this charge against the accused, when Capt.
Evans provts that on the 25th or 26th, the very day after, or at far-
thest the second day after, he addressed a letter to the accused by
the order of Gen. Evans, to inquire about the absence of Capt. Metts,
and the accused informed him in reply that he had gone; so that Gen.
Evans had the absence of Capt. Metts reported to him the very day
after, or at farthest the second day after Capt. Metts left, and Capt. Metts
in his deposition states that he himself, the day before he left, inform-
ed the General that he was going. The accused then did not fail to
report the absence of Capt. Metts, nor did he connive at or conceal his
absence from his commanding General.
Gen. Evans testifies that " on or about the 20th of September, on the
Opequan River, Capt. Metts absented himself from camp without per-
mission. On finding his absence, I sent the Adjutant General to Col.
McMaster to explain it, as he had not reported it. I did not receive
any explanation of his absence," which statement Capt. Evans, his
brother and A. A. G., directly contradicts, for he says, " by the order
of Gen. Evans on the 25th or 26th, I addressed a note to Col.
McMaster, to inquire if Capt. Metts was absent. Col. McMaster
replied that he had given him permission to go to Winchester, which
was some fifteen or sixteen miles from his camp on the Opequan River,
and that he had'left Winchester without his leave and had gone home."
How then can Gen. Evans say that he received from the accused no
explanation of Capt. Metts' absence ? So far then from the prosecution
having established the allegation made in this specification, it has
9
66
proved exactly to the contrary ; that the accused did not connive at or
conceal the absence of Capt. Metis. The accused is therefore entitled
to an acquittal of this specification.
Specification 2. — Did tell late Capt. Metts he might leave his Regi-
ment until his resignation was accepted ; that he would conceal his
absence from the commanding General, Brig. Gen. N. G. Evans.
Capt. Evans states that, in reply to his letter, "that the accused said
that he had given Capt. Metts permission to go to Winchester,; and that
he had left Winchester, without his leave, and gone home. This, I
think, was the substance 0/ the note, and I had conversation with him
to the same effect." Now, suppose that the witness has here given the
very words of the accused's reply to his letter, it does not sustain the
allegation. It is not merely that he told Capt. Metts that he might
leave and go to Winchester, but that he might leave his Regiment
until his resignation was accepted, and that he would conceal his ab-
sence from the Commanding General.
But Capt. Evans is mistaken in his recollection of the reply which
the accused made, and of the conversation to which he refers. Un-
fortunately the letter of the accused has been lost, and the witness is
undertaking to state its contents. He does not ppeak very positively,
" but this I think was the substance of the note, and I had conversa-
tion with him to the same effect." But, fortunately, the deposition of
Capt. Metts has been taken and offered in evidence by the prosecution,
and, in answer to the question, whether the accused gave him permis-
sion to leave the Regiment ? he answers, " I say, most emphatically, no,
he never did." Capt. Metts' deposition states, " I left on the 24th of Sept.,
hearing that my wife was in a dying condition, having previously ten-
dered my resignation, which was accepted on the 30th. I had no per-
mission from Gen. Evans to leave. I informed Col. McMaster that I
intended to leave next day. He replied that he sympathized with me
i n my affliction, but that he had no power to give me leave of absence,
that if I left it would be at my own peril. He did not give me leave
of absence. I know that Col. BlcMaster did not conceal my absence
from Gen. Evans. I, before leaving, informed Gen. Evans of my in
tention to leave."
And the absence of Capt. Metts, under these circumstances, is one
of the charges which Gen. Evans has preferred against the accused,
and handed to the accused, for the first time, on the morning that this
(VI
trial commenced. And when he was asked when did he prefer this
charge, together wifti charges fifth and sixth, he says " as soon as I
found out the circumstances, about a month ago, soon as it was reported
to me." And yet he proves that Captain Metis intended to leave the
day before he left. Captain Metis told him so, and doubtless informed
him of the cause of his leaving. He was informed of his absence the
day after he left. He was made acquainted with the whole conduct of
the accused in relation to the absence of Captain Metis, which has
been brought forward by the evidence offered in this cause, within a
very few days after Capt. Metts left the Regiment, as proved by his
own witness, A. A. G.
The conduct of Gen. Evans, in relation to this accusation against
the accused, paves the way to the consideration of his base, malignant
and infamous charge against the accused, of misconduct before the
enemy at the battle of Boonsboro. •.
At this battle of Boonsboro, the 17th Regiment, S. C. V., had its
Colonel, Lieutenant Colonel, eight officers, and not more than one hun-
dred and ten muskets. The other Regiments had none of their com-
manders present. The orders given by Col. Stevens, commanding the
Brigade, was, if overpowered, to retire firing. The accused waited
until every Regiment of the Brigade had broken and retreated, and
the enemy, in overwhelming numbers, were flanking him right and
left. Not, however, until sixty-three of Ms small band were killed and
wounded, a number of which fell into the hands of the enemy, did he
give orders, as directed ; and, in fact, instead of preceding his Regi-
ment, ordered his officers to halt the men on a hill, not three hundred
yards in the rear, and remained for a few minutes endeavoring to re-
move his friend and comrade, Lt. Col. Means, who was badly wounded.
The Colonel commanding complimented him for his good fighting j
his General, to-day, seeks to stigmatize his character ! But to the tes-
timony.
Gen. Evans testifies : "At the battle of Boonsboro, 14th of Sept., 1862,
in passing in from the left of my Brigade to the right of it, then
hotly engaged with the enemy, I saw Col. McMaster running from the
enemy, alone. On seeing me he attempted to hide himself behind a
large rock. Thinking he was sick, and being anxious about my right,
the other Brigades on my right, where I was going at the time. This
was about 20 minutes, after we first engaged the enemy. On my re-
08
turn I saw him still in the same position, lying down on the ground.
His position was between three and four hundred yards from the fire of
the enemy, or three or four hundred yards in rear of the Regiment,
then engaged with the enemy. I don't know how long he remained in
this position, don't know whether he returned to his Regiment volun-
tarily or not, I don't think he did, as his Regiment broke soon after.
I did not see Col. McMaster make any attempt to rally his men. His
Regiment had not broken at that time ; he was lying down. I endea-
vored to rally some stragglers. The position which he had sought
was on the side of the mountain, and the summit was between him
and his regiment. There was a number of large rocks and some trees."
This is his testimony upon his examination in chief. But the General
is cross-examined ; he is asked to describe, particularly, the locality
where he found the accused, and the character of the ground between
where he was and where his Regiment was. He answered, " that it was
on a hill side, rough, with rocks and trees, about the same ground as
where the Regiment was engaged, only a ridge between."
The General says, that " he commanded, at Boonsboro, a Texas
Brigade (Gen. Hood's), Evans' Brigade and Law's Brigade." He
further testifies, upon cross-examination, "I came from left to the right
of the Brigade. I left Col. Stevens on the right, where I found Col.
McMaster's Regiment engaged; was some one hundred and fifty yards
from the Regiment, on the right of it, T saw Col. McMaster running.
I was not near enough to observe whether Col. McMaster's Regiment
engaged the enemy in one body, or was divided. It was in line of
battle when I saw it. I was near enough to distinguish it from other
Regiments. I was within about fifty or one hundred yards, at one time,
of Col. McMaster's Regiment, over the hill. It was, I presume, with
the other Regiments, when Col. Stevens formed line of battle; and I
saw it come out some half hour after Col. McMaster came out. I was
at the nearest point of the Regiment, at about 5 o'clock, P M. Just
as we were going into action, I was nearest to it. The first retreating
I knew, was from the right wing of my Brigade, Col. McMaster's Reg-
iment, and some of the 22d, (Col. Goodlett's he had as well have said.)
I then told the Adjutant General to tell Col. McMaster to rally his
men. When I returned from the right, after I had first seen Col. Mc-
Master, I found Lieutenant Lean trying to rally some twenty men, who
did not seem inclined to stand. I then asked them to rally on me.
69
Col. McMaster was then in his hiding place. Ordered the Adjutant
General to order Col. McMaster to rally his men, then despatched him
to Col.< Stevens, to order him to fall back, as the right had broken.
Col. Stevens replied, that if he could get reinforcements, he thought
he could hold his position. I retired with my whole Brigade. I saw
him (Col. McMaster), about fifty yards down the hill, this side, the
safe side, where I and Lieutenant Dean had been rallying the men.
If I saw him afterwards, I do not recollect." In answer to. a question
by the Court, " I saw Col. McMaster, about twenty paces distant, as
plainly as I see him now, as he ran across my path, and passed to the
right."
This is the account of the battle of Boonsboro, and of the conduct
of the accused, as sworn to by General Evans. Will the Court now
turn to the testimony of Col. Stevens, who was, on that day, in im-
mediate command of Evans' Brigade.
Deposition of Col. Stevens, Boonsboro.
" I commanded, that day, Evans' Brigade. Unable to reach the po-
sition to which I was ordered by Maj. Gen. D. H. Hill, and compelled
to dispose my command to meet an attack upon me, I placed the 17th
Regiment in position, near some rocks, on the brow of a mountain, and
on my right flank. By the time I had disposed of the remainder of
the command, and returned to the right, I found Col. McMaster en-
gaged with the enemy. Bemaining near him some moments, I found
him perfectly cool and self possessed, and in perfect command of his
men. I remember, distinctly, his cautioning his men in reference to
the Holcombe Legion, which had been deployed in his front, as skir-
mishers. I have some recollection of his commanding his men to fire
lower, but of this I cannot now be positive. The bearing of Col.
McMaster, and the bearing of his men, gave me entire satisfaction at
the time. My left becoming engaged, I felt perfectly confident, from
what I had seen, that I could safely rely on the courage and discretion
of Col. McMaster, and I therefore told him I must leave him to him-
self; that if overpowered he must retire firing, or some order to that
effect. I then went to my left, which I found already in retreat; and,
my presence being so necessary at this point, and the nature, of the
position, also, conspiring to this effect, I did not again return to the
right, nor did I see Col. McMaster until I met him, after dark, back
on the turnpike, whither my command had been driven.
70
" Upon meeting Col. McMaster, I expressed to him my satisfaction
with himself and command, as I never entertained a doubt but that he
had continued to discharge his duty in the same manner as he had
done under my eye.
" As to Col. McMastcr's reputation for gallantry, conduct as an officer
and gentleman in the army and South Carolina, I never knew it im-
pugned until these charges were brought to my notice. Col. McMaster
has alwaysthad my esteem as an officer and a gentleman."
These two accounts are totally irreconcilable to each other. Col.
Stevens seems to have been acting under orders received directly from
Gen. D. H. Hill, and does not speak of any orders at all from Gen.
Evans, nor even of having seen him during the fight; he sajs "un-
able to reach the position to which I was ordered by Gen. D. H. Hill."
Gen. Evans says that he despatched his Adjutant General to Col.
Stevens to fall back, as the right had broken. Col. Stevens says that
when he left the right he found the left already in retreat. How then
could Gen. Evans, if he knew any thing about what was going on
during the fight have sent such an order ? Gen. Evans swears hecame
from the left to the right of the Brigade ; he left Col. Stevens on the
right; where he found Col. McMaster' s Regiment engaged was some
one hundred and fifty yards from the Regiment, and on the right of
it ; saw Col. McMaster running ; he fixes then the time that he saw
Col. McMaster running as being the same time that Col. Stevens was
on th*e right of the Brigade. Col. Stevens swears, " I returned to the
right; I found Col. McMaster engaged with the enemy; remaining near
him some moments I found him perfectly cool and self-possessed ; the
bearing of Col. BlcMaster and the bearing of his men gave me entire
satisfaction at the time ; my left becoming engaged, I felt perfectly
confident from what I had seen that I could safely rely on the courage
and discretion of Col. McMaster j I then went to the left, which I
found already in retreat."
And yet, during that very time when Col. Stevens bears testimony
to the fact that the accused was with his'command, cool, and self pos-
sessed, and faithfullydischarging his duty, in the face of the enemy ;
giving orders and words of encouragement to his men, and by his bear-
ing and conduct securing, the entire confidence of his immediate com-
mander; Gen. Evans swears that he was cowardly running away from
the enemy, and skulking and hiding himself in a place of safety, some
71
three or four hundred yards distant. One or the other of these two
accounts, so entirely inconsistent with each other, must be false. The
testimony of Col. Stevens is that of a christian gentleman, and of
one who is not a soldier by profession, although possessed of a military
education, and for years at the head of the Military Academy of South
Carolina; who, when this war began, laid aside the duties of his high
calling, as a minister of God, and entered the army, where he served
with honor and distinction, until the higher obligations, as he supposed,
of his sacred office, forced him to resign, that he, might again enter
upon its duties. He has no interest in this prosecution, for or against
the accused. He stands an impartial witness, with no inducements
" to extenuate or set down aught in malice," but with the single object
in view, to speak the truth, the whole truth, and nothing but the truth.
Gen. Evans has all his feelings of bitter, unrelenting malignity
against the accused to gratify ; whom he believes to be the author of
most of the troubles in his Brigade ; who has presumed to prefer a pe-
tition, with others, to be released from his command ; and whom he
has declared to be the instigator of charges preferred against him, by
Col. Goodlett, for drunkenness, cowardice, incompetency, and conduct
unbecoming an officer and gentleman. On the first charge he has been
acquitted. The other charges have not been adjudicated ; and, if he
is successful in his bold strategy, to cast a suspicion on the character of
the accused, there will be no necessity to investigate the other charges
against himself.
If the case rested here, the Court could not hesitate as to what their
finding should be. But, not only is Gen. Evans contradicted by Col.
Stevens, but by every other witness, fifteen in number, who have tes-
tified concerning the battle of Boonsboro, and the testimony can readi-
ly be increased; amongst these, every officer of the 17th Regiment,
in that battle, except two, who have died from wounds, and Lieutenant
Col. Means, who is absent on account of a severe wound received there.
Gen. Evans swears, "that while the right of his Brigade was hotly en-
gaged with the enemy, he saw the accused running from the enemy,
alone, some three or four hundred yards, and attempted to hide him-
self behind some rocks." The only other witness for the proseeutioB,
who was in the battle of Boonsboro, proves this to be false. Lieuten-
ant Morse swears, " that Col. McMaster went into the fight with the
Regiment ; that he waa on an elevated position on the left, where he
could see what transpired ; he went in with us; I frequently looked
down the line ; I saw the Colonel rallying his men, aud urging them
to fight. When the first line of the enemy was in forty yards of us,
he ordered us to retire in good order, and to retire firing. We fell
back some three hundred yards, he with us ; we afterwards retired by
the flank. I feel confident that he was not absent from the command
during the fight. He was perfectly cool. In his own Regiment his
reputation is, that he. is brave to a fault." Here, then, is one of the
prosecutor's own witnesses, who was in the fight from the beginning to
the end, who proves his statement to' be untrue ; who proves that the
accused went into the fight with his Regiment, remained with them
during the fight, and retired with them.
Captain Avery, of the 17th Regiment, S. C. V., testifies, " I know
that Col. McMaster went into the fight at Boonsboro, with his Regi-
ment. After the firing commenced, from my position in line, could
not see him ; that, in the falling back, he was with the men, rallying
them, and ordering them to retire in good order. He wished to renew
the fight, on the top of the mountain, when we had but 23 muskets,
and there was no other Regiment to be seen on the right or left, the
enemy, at the time, advancing on us in three lines. I do not believe
he could have retired from his position during the fight, without being
seen by me."
Sergeant Wilson, 18th S. C. V., color bearer, testifies, "that he saw
Col. McMaster with his Regiment, when we (the 18th Regiment) had
fallen back, rallying his men. He seemed to be very resolute. I heard
him direct his men to fall back, firing."
Private W T. Bevis, 18th Regiment, S. C. V., testifies, " that Col.
McMaster went into the fight at Boonsboro, as brave as any man.
He, with his Regiment, were the last upon the field, and the Regiment
retired firing."
Lieut. Wm. Horton, 17th Regiment, S. C. V., testifies, "I saw
Col. McMaster leading his men into the fight, and at various times du-
ring the fight; saw him engaged at his duty, encouraging his men.
I was with him when he gave the command to retire firing. His sword
and scabbard belt were struck by a ball, and there was a bullet hole
through the skirt of his coat. He was not absent from his command
during the fight."
Capt. Brady, Holcombe Legion, testifies, "I saw Col. McMaster at
the battle of Boonsbor.o, after the Holcoaibe Legion was driven in, ral-
lying his men. He was not absent, any time, after I saw him.'*
Sergeant Sheely, Holcombe Legion, testifies, ''■ that Col. McMaster
was at his post, when the Holcombe Legion was driven in'. He was
not absent from his command, at any time during the fight, after I
first saw him. We fell back together. I went back with his Regiment.
I was with him all the time the fighting was going on ; could see him
all the time, and when I left his Regiment the fighting was over. It
was nearly dark."
Lieut. Kearse, 17th S. C. V., testifies that he (witness) "commanded
the 5th and 6th Companies during the fight at Boonsboro ; Col. Mc-
Master remained with his Regiment during the time 1 saw him,
encouraging his men ; after a good many men had been killed and
wounded, he ordered his men to retire firing ; after which time I was
wounded by a shot from the left, and ordered by the Colonel to the
rear."
Capt. E. A. Crawford, 17th S. C. V., testifies that " Col. McMaster'e
conduct at the battle of Boonsboro was as good as it could be ; he
went into the fight with, his Regiment, and was all the time right with
us ; all the time of the fight we could hear his commands, and hear
him encouraging his men; when Col.' McMaster gave the order to fall
back we were flanked on the left, and I think on the right ; we fell
back firing, and the Colonel was the last man of the officers to fall back
to the top of the ridge ; he wanted to fight them there again, but
Capt. Avery, myself and other officers reasoned with him that it was
impossible for him to accomplish any thing ; we then fell back to the
foot of the mountain ; Col. McMaster was not absent from his com-
mand at any time during the fight, and his Regiment was the last to
leave the field."
Lieut. W S. Moore, 17th S. C. V., testifies that "Col. McMaster
went into the battle with the Regiment; I did not see him during the
battle ; there was a large rock which prevented me from seeing him ;
the rock being very close to our left ; the rock did not afford him any
shelter from the fire of the enemy ; I could see on three sides of it ;
I could hear his orders, bat could not see him ; I heard him order his
men to fire low ; when he gave the order to fall back, I then saw him
passing by the rock; he ordered his men to retire in good order; we
^10
74
then fell back about two hundred yards ; then he rallied the men
again ; we fired a few times from that place ; he then said it was Dot
possible to hold that position, and we fell still further back ; it is pos-
sible, but I do not believe that Col. McMaster was absent at any time
from his command during the fight."
Lieut. Dubose, Adjutant Holcombe Legion, testifies — " I commanded
the Holcombe Legion that day ; they were deployed as skirmishers to
cover the front of the Brigade; the skirmishers were driven back, and
I retired to where the Brigade had been when 1 left it; I did not see
the other Regiments at the time, but heard fighting on the right of the
Brigade, and going there found it to be Col. McMaster's Regiment
hotly engaged with the enemy ; I went to the Regiment and saw Col.
McMaster, and the Regiment, they were fighting, doing all that they
could be expected to do ; I only stopped for a moment ; saw Col. Mc-
Master, and afterwards saw Col. Stevens when I went to him ; I left
Col. McMaster and his Regiment fighting, which was the last I saw of
him or it, and they were further advanced at that time than any of the
Regiments of the Brigade."
Lieut. James W Conner, Adjutant 17th S. C. V., testifies — " I was
a soldier in the Mexican war ; was in four battles there in the Palmetto
Regiment under Col. Butler, and I have been in four battles under
Col. McMaster; he went into the fight at Boonsboro with his Regi-
ment, and remained with it all the time that I saw them ; I left the
Regiment when it commenced falling back ; Col. McMaster fell back
with his Regiment, and remained with it as long as I could see and
hear him, giving his orders and cheering his men, perfectly cool and
collected; I will say that in all the battles I have ever been in, Col.
McMaster is one of the coolest men I ever saw under fire, and I have
been a close observer."
Thus it appears, from the testimony of every witness, who was in a
position to see what transpired during the fight at Boonsboro, that the
accused went into the battle with his Regiment, which was further ad-
vanced than any other Regiment of the Brigade, and was the last to
leave the field; that he remained with it during the whole time it was
engaged with the enemy, giving his orders and encouraging his men ;
and, when overpowered by numbers it was forced to fall back, he retired
with his Regiment, being the last man of the ofiicers to retire, and was
nevei, at any time during the battle, separated from his command.
i'O
What becomes, then, of the testimony of Gen. Evans, when opposed
by this mass of evidence, which establishes, beyond all controversy,
the utter untruthfulness of his statement.
Gen. Evans swears, " that the first retreating I knew, was from the
right wing of my Brigade, Col. McMaster's Regiment and some of the
liJd." Now the evidence is, " that the 22d was not on the right, but
that the 22d and 23d formed the left wing of the Brigade, the 17th
and 18fch forming the right wing." Now the malignity of the prose-
cutor manifests itself here. Who is the Colonel of the 22d ? Why
the evidence is, that it is commanded by Col. Goodlett, who, it appears
from the testimony, some time since preferred charges against the pros-
ecutor, .Gen. Evans, and therefore he seeks to throw the odium of the
retreat of his Brigade at Boonsboro, upon the Regiments of Col. Good-
lett and the accused; whereas, the testimony of Col. Stevens, and
every witness who has spoken upon this point at all, proves most con-
clusively, that it was the left wing that first gave way, and that the
17th Regiment was the last upon the field.
Gen. Evans says, " that a half hour after he saw Col. McMaster
come out of the fight, his Regiment came out." Yet every other wit-
ness who was in the fight, and who retired with the Regiment, testi-
fies, that the accused came out with his'. Regiment, and was at no
time separated from it.
Gen. Evans says, "when I returned from the right, I found Lieut.
Dean trying to rally some twenty men who did not seem inclined to
stand ; Col. McMaster was then in his hiding place ; I ordered the
Adjutant General to order Col. McMaster to rally his men." If this
was true, is it not very strange that the Adjutant General has not
spoken of it at all ? he has been examined as a witness for the prose-
cution. Bid he receive any order from Gen. Evans to order Col.
McMaster to rally his men ? Did he deliver any such order to the
accused ? Did he find the accused in his hiding place ? If so, would
it not bave been brought out on hi3 examination ? But, like tho
balance of the testimony of Gen. Evans, it has been disproved by all
the other evidence in this cause. But not only is the testimony of
Gen. Evans in direct conflict with the testimony of any other witness
who has given any account of the battle of Boonsboro, but it is incon-
sistent with itself. It abounds in contradictions and inconsistencies.
The General says that he was in command that day of three Brigades,
his own being on the left; that he was going from the left to the right
to look after the two other Brigades, when he saw the accused running
away ; and yet when a§ked as to the relative position of these two
Brigades, he cannot answer. They were under Gen. Hood, and alter-
nate every day, sometimes left in front ; don't know how Hood marched
his Brigade. He is asked whether these two Brigades were on the
right or left of the turnpike road, which it seems was, a half mile
from the right of his own Brigade, down a mountain. He answers
Hood's Brigades were on the right of the turnpike, at least they were
ordered to go there. Don't he know whether they were there or not ?
Where did the General go to when he passed from left to right to look
after those two Brigades about which he was so much concerned that
he could not stop for a moment to drive back a Colonel of his own
Brigade who was cowardly running away, and deserting his command
while it was hotly engaged with- the enemy ? Did the General never
find these Brigades, that he cannot even tell on which side of the
turnpike they were posted ? It has been proved that there was no
Brigade between the right of Evans' Brigade and the turnpike, which
was at least a half a mile off. The General did not know where
Hood's Brigades were placed — they were ordered on the right of the
turnpike. He does not say by whom. Gen. Hood was probably
ordered by Gen. Hill, and the probability is that Gen, Evans did not
command these Brigades during the battle, and moreover that he never
did go to the right to look after them, as he testifies to.
The General says, "the first retreating I knew was from the right,
Col. McMaster's Regiment and the 22d;" yet, when asked whether
Col. McMaster's Regiment engaged the enemy in one body, or was di-
vided, he says, " I was not near enough to observe ; I was not near
enough to distinguish it from any other Regiment " How then does
he know that the Regiments of Col. McMaster and the 22d (Col.
Goodlett's), were the first to retreat.
Gen. Evans says, that " whea I saw Col. McMaster running from
the enemy, and three or four hundred yards in rear, his Regiment was
then engaged with the enemy." Yet, when he is asked how far he was
from the Regiment of the accused, at the, nearest point, during the
fight, he says, "I was about fifty or one hundred yards of it, over the
hill. It was, I presume, with die other Regiments when Col. Stevens
formed line of battle." And when asked what were the relative posi-
tions of the Regiments in the Brigade, does not know, thinks Col. Mc-
M aster was on the right. How then, does he undertake to swear that
at the time when he says the accused was running away, that his Regi-
ment was then engaged, when he does not even know where the Regi-
ment was, but presumes that it was over the hill, and does not even
know whether it was on the right or left of the Brigade.
Gen. Evans says, "I was not near enough to tell Col. McMaster's
Regiment from any other; was some one hundred and fifty yards from
the Regiment, and on the right of it ; I saw Col. MoMaster running.
On seeing me, he attempted to hide himself behind a rock. His posi-
tion was isome three or four hundred yards in the rear of his Regiment."
And yet, when asked by the Court if there was any incident or cir-
cumstance to make him certain it was Col. MoMaster, he states that
" I saw him about twenty paces distant, as plainly as I see him now,
as he ran across my path and passed to my right." He was then go-
ing to visit the rest of his command. Now had any man attempted to
go to the turnpike, only one hundred and fifty yards behind the Regi-
ment, and parallel to it, he would have been shot by the enemy, for they
flanked the Begiment on the right, at the beginning of the fight, and
the only chance of retreat was to the rear. x «
But, not only is the testimony of Gen. Evans contradicted by all the
other evidence in the case, and inconsistent with itself, but all the wit-
nesses who saw him at all, during the battle of Boonsboro (unf'ortu-
ly for the General), locate him where it was impossible for him to have
seen what he has testified to, even if it had ever occurred.
J. H. Cathcart, Company C, 17th Regiment, S. C. V., was one of
the ambulance corps that day, and was about one hundred and fifty
yards to the rear of the Regiment. When the fight had been going on
about ten minutes, a wounded man came out, and he assisted him about
three hundred yards to the rear, across a flat and to the brow of the
mountain, and there he saw Gen. Evans. It took him about- ten min-
utes to carry the wounded man to the place where he spoke with Gen.
Evans. Gen. Evans could not see the Brigade from where he was ;
there was another hill or brow, between him and it.
This witness then locates Gen. Evans, about twenty minutes after the
fi"-ht commenced, about four hundred and fifty yards in the rear of the
Brigade, in a position in which he could not see the Brigade at all,
and this is precisely the time when Gen. Evans says he was passing to
78
the right of his Brigade, about one hundred and fifty yards from it,
when he saw the Regiment of the accused engaged with the enemy,
and the accused running away.
Dr. David Lyle, Co. H, 17th S. C. V. — Was acting as Assistant
Surgeon of the Regiment; about thirty minutes after the fight com-
menced he passed by Gen. Evans with some wounded men, Gen.
Evans was about three hundred and fifty yards in the rear of the
Brigade, and he could not pee it from where he was, a ridge of the
mountain was between.
Private Jackson; Co. C, 17th S. C. V — Was one of the ambulance
corps that day ; about the time the fight was ending or a short time
before, he was taking off a wounded man, the fight had been going on
between thirty and forty minutes, he saw Gen. Evans between five or
six hundred yards in rear of Brigade or rather Regiment; he was
behind a cliff of rock on the opposite side of the mountain from where
they were fighting.
Lieut. Conner, Adjutant 17th. S. C. V — Saw Gen. Evans at the
close of the fight, after the 17th Regiment had fallen back; he was at
least five hundred and fifty or six hundred yards from the Brigade,
the mountain being between him and the enemy, tbe enemy and the
Brigade on one side, Gen Evans on the other.
Thus every witness who saw Gen. Evans during the fight, and at
different times, locates him in about the same position, with the moun-
tain between bim and the enemy, and that where it was impossible for
him to have seen what he testifies to.
But the testimony of Gen. Evans is entirely unsupported by any
other witness, and is therefore utterly unreliable. Could it be possible
for such a flagrant, palpable act of cowardice to be committed by a
Colonel of a Regiment upon the fight of a Brigade, deserting his
command while it was engaging the enemy, running away three or
four hundred yards, concealing himself in his hiding place for the
space of half an hour to the General's certain knowledge, and yet not
be seen by a single officer or man in that whole Brigade, except Gen.
Evans ? This alone, if there was nothing else in the cause, would
prove this statement to be fake.
The character which the accused has proved by the witnesses for the
prosecution as well as for the defence, disproves the statement of the
prosecutor. The accused must beg the Court to refer to that testimony.
79
It is disiasteful ,to him to be forced to speak of himself, but this base,
malignant and groundless accusation has placed him in a position in
which, in his own vindication, he has been compelled to bring before
the Court the testimony of those who have known him in and out of
the army, who have known him as an officer, and as a man, at home
and abroad, who have witnessed his conduct and bearing in- the differ-
ent battles in which he has been engaged, in refutation of the vile
slander, by which the prosecutor has sought to blast his reputation as
an officer and a gentleman.
But Gen. Evans' own conduct proves that his testimony is false.
Would he have this Court believe that he would see an officer occupy-
ing an important position in his Brigade, basely and cov-ardly desert
that command in the hour of battle, pass within twenty paces of him,
and he not speak to that officer, not rebuke him, not order him, not
drive him bach to his command? If so, then was Gen. Evans himself
shamefully recreant to his own duty, and disgraces the high commission
he holds in the army of the Confederate States, But not only does
he not notice this conduct on the field, but more than three months is
suffered to elapse. The Brigade passes through the battles of Sharps-
burg, Kinston and Goldsboro, the accused commanding the Regiments
at Sharpsburg which were detached from the Brigade, and his own
Regiment in the other two battles; after this the accused with others
apply to be relieved from his command, when for the first time does
this Brigadier General make complaint of any misconduct on the part
of the accused, and this base act of cowardice on the battle field is
not brought to the knowledge of the accused until he received it from
Major Melton, Gen. Smith's A. A. General, about six months after-
wards, as testified to by Capt. Avery. "*
And this is not all; the battle of Boonsboro is on the 14th of Sep-
tember, and in less than one short month afterwards a Board of
Examiners is to be appointed to examine the officers of Gen. Evans'
Brigade to ascertain their fitness for promotion ; it is the first Board
that was convened under the order requiring an examination of officers ;
and yet Gen. Evans devolves the high and responsible trust upon the
accused, and places him upon the Board ; the officer who had acted so
cowardly under his own eye at the battle of Boonsboro ; and, that too,
to pass upon the qualifications of officers who were superior to the
accused in rank.
80
How is such conduct to be reconciled with the testimony of Gen.
Evans in the cause ?
But there is another remarkable feature in his testimony. He locks
this flagrant act of cowardice up in his own heart, and only mentions
it to a higher officer, who replies, this is no time for Court Martials.
This testimony he gives the first day of Court, the second day the
accused asked him who was the higher officer with whom he had the
conversation; forgetting his testimony of the day before, and thinking
the question was put iu the plural instead of the singular number, he
replied : "1 mentioned it to Gen. Lee and Gen. Longstreet, and I may
have mentioned it to others." The President of the Court directed
the General's attention to the answer of the question the day before;
he replied : " I believe I had that conversation with Gen. Ripley."
The first day he speaks positively of a conversation with a higher
officer, which he could not forget, and the second day he believes it
was with Gen. Ripley, who is with equal grade with himself. Gentle-
men, you know, and Gen. Evans knew, when he was testifying, that it
was impossible for the accused to bring these Generals before this
Court to confront him.
If Gen. Evans has told the truth, then the first charge against the
accused is sustained ; but that he has not, his own -inconsistent state-
ments prove, his location during the battle makes manifest, and the
testimony of every other witness who has spoken of the battle of
Boonsboro establishes beyond the possibility of a doubt.
He has left for himself no such charitable construction as that he
might be mistaken in what he has sworn to, for he swears that the
accused passed within twenty paces of him, and that he was as certain
that he saw'him as he then saw him in Court ; that it was the accused
that committed that act of cowardice. There is no escape then from
the conclusion to which the Court must inevitably come, however
humiliating, however mortifying, however melancholy, it may be.
"Fiat justitia, ruat coelum!"
The accused has been most bitterly and' cruelly wronged by the
charge ; for, however false and iniquitous it may be, there are parasites
around the prosecutor, who, reckless of wounding and wringing a heart,
will .stealthily insinuate the poison into the itching ears of strangers
and credulous friends, and attempt thereby to tarnish the fair fame of
81
the accused, and entail a heritage of infamy on his blood. Courage is
not the noblest trait of man, for he shares it in common with the
brute, for all true gentlemen are brave, and in the Confederate army
we have many gentlemen among officers and privates ; but to be desti-
tute of courage is the greatest misfortune that can befall a man.
Dr. Johnson says, " A coward is necessarily a liar," and with truth ;
the converse of the proposition is also true. Courage to the officer is
like virtue to woman, the slightest breath of suspicion to it is like the
canker to the flower, it loses its beauty and withereth away. Ah !
this charge was unfortunate for the prosecutor; it reflects a dark shade
upon the others ; he fondly imagined the ipse dixit of a General was
suflicient to crush a poor subaltern. " When Jove nods, Olympus
trembles ;" he gloated on his victim as he writhed under this accusa-
tion • nor did his foul calumny terminate there, he strove to cast shame
and obloquy on his name forever.
" But like Dead Sea fruits that tempt the eye,
They turn to ashes on his lips !"
Gentlemen, bear with the accused a little while longer, and he is
done. All his energies have been devoted to this struggle of inde-
pendence ; he was in Kershaw's Regiment as a private in the siege of
Fort Sumter, and in the first battle of Manassas. There it pleased his
Colonel to mention him honorably. Since then he has been constantly
employed, and is the only field officer in Evans' Brigade who has been
fortunate enough to pass through all its battles. Allowing him the
ordinary discretion and sense of justi;e which is allotted to mortals, it
would be the height of folly and depravity for him to jeopardize the
success of the cause, which is dearer to him and to us all than life
itself, by attempting to injure the service by the commission of the
crimes with which he is charged. The accused begs pardon of the
Court for the personal allusions, which circumstances have rendered
necessary.
It is well said of Courts Martial that " not only are the interests
and dignity of the law to a large extent confined to them, but the
reputation and private rights of individuals are frequently at their dis-
posal." Cowardice is a crime of such magnitude that it is visited by
the highest penalty of the law. The good of the service demands it,
and reason approves it; but in proportion to the magnitude of the
11
82
offence should be the responsibility of the person preferring the
charge ; the higher the officer the greater the injury may be done an
innocent person on account of the acquiescence usually given to decla*
rations of persons in power; therefore the greater the obligation a Court
of justice is under to hold the prosecutor to a strict accountability.
If it is not done, the service is necessarily injured. Where else can
the innocent man who has done his duty go to for reparation of an
injury, which may blight hirn for life? He has no refuge to the civil
tribunals of his country. They are closed against him. He cannot
publish his prosecutor as a liar and slanderer ; if he does, he is cashiered
and disgraced. He cannot resort to physical force ; if he does, he suffers
death for striking his superior officer. Every avenue for redress is
closed. In mute agony he has to lock up his bitter, burning wrongs
in his own heart, and if he is not vindicated before a Court Martial,
he is ruined. A simple verdict of not guilty in such cases is not
sufficient. The good of the service requires more than an acquittal.
Justice demands, honor demands, humanity demands a scathing rebuke
to an unrighteous, iniquitous and infamous prosecution, which has
been conceived in malice. This case to-day, which is submitted to
your impartial hearing, is not the cause of the accused alone, but, gen-
tlemen, it is your cause. If any of you should unfortunately in the
discharge of his duty, become the victim of the malice and aspersion
of a superior officer, it is the common cause of decency, justice and
truth, to judge aright, apply the golden rule of placing yourselves in
a similar situation, that the wrongs that are attempted to be heaped
on him, were cast on you ; that the malice of your prosecutor was only
equalled by his unblushing mendacity ; that without offence you were
disrobed of your authority, and confined for near three months to your
camps, and position and artifice resorted to, to blast your reputation !
You, gentlemen, are the guardians of my honor! I appeal to you,
not for mercy, but for justice !
F. W MoMASTER.
The Judge Advocate declined to reply.
83
Headquarters,
Richmond, May 13, 1863.
[General Orders No. 30.]
I. At a G-eneral Court Martial, convened at Wilmington, North
Carolina, by General Orders No. 24, current series, from these Head-
quarters, Col. F. W McMaster, of the 17th South Carolina Regiment,
was arraigned and tried on the following charges and specifications,
preferred by Brig. Gen. Evans, viz :
Charge 1. — Cowardice.
Specification. — In this, that he, Col. F. W McMaster, 17th Regi-
ment S. C. V., did shamefully leave his Regiment whilst engaged with
the enemy, and ran until out of danger. This, near Boonsboro, Md.,
on or about the 14th of September, 1862.
Charge 2. — Mutinous Conduct.
Specification 1. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. V., did attempt to incite a mutiny against his Com-
manding Officer, Brig. Gen. N. G. Evans, P A. C. S., amongst the
troops of Evans' Brigade, by visiting different officers of the Brigade
and asking them to sign a paper to be relieved from the command of
the Brigadier General commanding.
Specification 2. — In this, that he, Colonel F. W McMaster, of the
17th Regiment S. C. V., did exercise himself among the officers and
troops of the Brigade, to induce them to sign a paper, asking to
be relieved from the command of their Brigadier General, N. G. Evans,
P A. C. S., using false inducements, viz : that by signing said paper
they would be ordered to South Carolina ; all of which is mutinous
conduct. This, in Camp, near Goldsboro, N. C.
Charge 3. — Violation of General Orders No. 96, and conduct highly
prejudicial to good order and military discipline.
Specification 1. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. V., did fail to report the absence of Lieut. E. M.
Neely and Private S. A. McElwee, Co. H, both of his Regiment, until
84
sent for by his Brigade Commander, he, the said Col, McMaster,
knowing them to have been absent for several days. This, near Hali-
fax C. il , N. C, on or about the 14th of November, 1862.
Specification 2. — In this, that he, Colonel F. W. McMaster, 17th
Regiment S. C V., did fail to report the absence of Assistant Surgeon
T. S. Waring, of his Regiment, when he knew that the said Waring
had absented himself without leave from the proper authority. This,
at Kinston, N. C, on or about the 20th of November, 1862.
Charge 4. — Conduct highly prejudicial to good order and military
discipline.
Specification. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. V., did visit Sergeant Kinloch and Private Seignious,
Co. "A," 23d Regiment S. C. V., couriers for his Commanding Gene-
ral, and did attempt to incite them to insubordination by stating that
Gen. N. G-. Evans was a drunkard and a coward, or words to that
effect. This, at Wilmington, N. C, on or about — day of February,
1863.
Charge 5. — Conduct unbecoming an officer and a gentleman.
Specification. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. Vols., did state to Sergeant Kinloch and Private
Seignious, of the 23d Regiment S. C. Vols., that John Dunovant had
sent word to Brig. Gen. N. G. Evans that he was a " coward and a
drunkard;" all of which was false. This, at Wilmington, N. C, on
or about 12th of February, 1863.
Charge 6. — Violation of 18th Article of War, and conduct highly
to the prejudice of good order and military discipline.
Specification 1. — In this, that he, Colonel F. W McMaster, 17th
Regiment S. C. V., did fail to report the absence of late Captain W.
B. Metts, Commissary of his Regiment, and did further connive at and
conceal the said absence from his Commanding General, Brig. Gen.
N. G. Evans, P. A. C. S.
85
Specification 2. — In this, that he, Colonel F. W MoMaster, 17th
Regiment S. 0. Vols., did tell late Captain Metts he might leave his
Regiment until his resignation was accepted ; that he, Colonel McMas-
ter, would conceal his absence from the Commanding General, Brig.
Gen. N. G. Evans, P. A. C. S. All this, near Opequan River, Va.,
on or about the 20th of September, 1862.
FINDING.
Of the specification of 1st charge, Not Guilty.
Of the 1st charge, Not Guilty.
The Court do most honorably acquit Col. F. W McMaster, 17th
Regiment South Carolina Volunteers, of every part of the aforesaid
charge and specification.
Of .the 1st specification of 2d charge, Not Guilty.
Of the 2d specification of 2d charge, except the words, "using
false inducements, viz : that by signing said paper they would be
ordered to South Carolina, all of which is mutinous conduct," Guilty.
Of the 2d charge — Not guilty of mutinous conduct ; but of con-
duct " prejudicial to military discipline," Guilty.
SENTENCE.
And the Court do determine that the above finding is a sufiicieut
punishment.
Of the 1st specification of 3d charge, Not Guilty.
Of the 2d specification of 3d charge, Not Guilty.
Of the 3d charge, Not Guilty.
Of the specification of the 4th charge, Not Guilty.
Of the 4th charge, Not Guilty.
Of the specification of 5th charge, Not Guilty.
Of the 5th charge, Not Guilty.
Opinion.— While the Court find that the proof does not sustain'
charges 4th and 5th and the specifications to them, it desires to express
its disapprobation of Col. F W McMaster's conduct in using the
86
language stated by the witnesses Kinloch and Seignious, in their
presence.
Of the 1st specification of 6th charge, Not Guilty.
Of the 2d specification of 6th charge, Not Guilty.
Of the 6th charge, Not Guilty.
Opinion. — The Court is pained to declare that, in its opinion, this
prosecution was not undertaken with the spirit and for the purpose of
promoting the good of the service. A due consideration for the dis-
tinguished services of Brig. Gen. Evans to the Confederacy in this
war, restrains the Court from any further expression of its opinion as*
to the motives that prompted the prosecution.
II. The proceedings in the foregoing case are approved, and Col.
McMaster will resume his sword and return to duty.
By order of Lieut. Gen. Longstreet.
G. M. SORREL, A. A. G.
APPENDIX.
PAPER MARKED A.
Headquarters Eyans' Brigade,
Goldsbora, N. C, December 18th, 1862.
To the Honorable Secretary of War :
We, the officers representing four Regiments of Evans' Brigade
now located at G-oldsboro, N. C, most respectfully but earnestly solici
you to transfer our Regiments from the command of Brig. Gen, N
G. Evans, to some other Brigadier General, as soon as possible.
F. W McMaster, Colonel 17th Regiment S. C. V
J. R. Culp, Major 17th Regiment S. C. V
J. W Avery, Captain Company F.
W. H. Edwards, Captain Company A.
E. A. Crawford, Captain Company K.
J. J. Boynton, Commanding Company H.
R. H. Moss, Sergeant Commanding Company C.
M. H. Root, Lieutenant Commanding Company H.
S. R. Fant, Lieutenant Commanding Company B.
E. E. Cornwell, Sergeant Commanding Company D.
J. F. Steele, Captain Company I.
22d regiment s. c. v.
M. Hilton, Major Commanding 22d Regiment S. C. V
A. C. Peace, Captain Company H.
R. V Hasting, Lieutenant Commanding Company B.
T. N. Able, Lieutenant Commanding Company D.
E. H. Watkins, Lieutenant Commanding Company G.
Lieutenant Belk., Commanding Company E.
W Bibb, Lieutenant Commanding Company K.
E. J. Dean, Lieutenant Commanding Companies C and I.
*?
HOLCOMBE LEGION.
J. M. Bost, Captain Commanding Holoombe Legion.
J. M. Maffett, Captain Company H.
A. B. Woodruff, Captain Company E.
J. A. Tolleson, Lieutenant Company C.
T. B. Martin, Sergeant Commanding Company I.
T. L. Briant, Lieutenant Commanding Company B.
R. J. Dunbar, Lieutenant Commanding Company D.
A. M. Brown, Sergeant Commanding Company A.
A. H. Bobo, Lieutenant Commanding Company F.
R. M. Scruggs, Lieutenant Commanding Company K.
John Williams, Lieutenant Company G.
23d regiment s. c. v
M. V Bancroft, Captain Comdg. 23d Regiment S. C. V
J. F. Atkinson, Captain Company F.
W Gr. Ingraham, Lieutenant Commanding Company A.
H. H. Lesesne, Captain Company I.
W W Covington, Lieut. Commanding Company G-.
J, W Duffus, Captain Company B.
J. L. Swinton, Lieutenant Commanding Company K.
A. Perrit, Lieutenant Company H.
December 20th, 1862.
To Capt. A. L. Evans, A. A. G. :
Sir : As the ranking officer of the representatives of four Regi-
ments whose names are signed above, and in their behalf, I respectfully
send you this petition, and beg that you will forward it through the
proper channels to the Secretary of War,, or General of the Depart-
ment, whichever may be empowered to make the transfer.
Very respectfully,
F. W McMASTER,
Colonel Ylih Regiment S. C. V.
Headquarters Evans' Brigade,
December 20th, 1862.
Respectfully returned. The officers will state their reasons for the
petition.
By order Brig. Gen. Evans.
A. L. EVANS, A. A. G.
89
December 20th, 1862.
In reply to the order of the Brigadier General Commanding, re-
quiring the officers to state the reasons for the petition, the officers
commanding the four Regiments would respectfully state, that they
are anxious that no obstacle shall be placed in the way of an imme-
diate transfer, that they do not desire to prefer charges, or to do
any thing which will consume time and create unpleasant feelings.
They hope, therefore, that the declaration that there is on the part
of the officers and men of these Regiments great dissatisfaction with,
and want of confidence in Gen. Evans, will be a sufficient reason to
induce the authorities to assign them forthwith to the command of
some- other Brigadier General.
F. W McMASTER,
Colonel \~ith Regiment S. C. V.
M. HILTON,
Major Commanding 22c? Regiment S. C. V.
J. M. BOST,
Captain Commanding Holcombe Legion.
M. V BANCROFT,
Captain Commanding 23c/ Regiment S. C. V.
Headquarters Evans' Brigade,
December 20th, 1862.
Respectfully forwarded, with the remark that Col. F. W Mc Master
and Capt. Bancroft are now under charges of misconduct before the
enemy. *
N. G. EVANS,
Brigadier General Commanding,
Headquarters French's, Division,
Goldsboro, December 21, 1802.
Inasmuch as the 35th Article of War affords ample redress in any
case that may arise, I recommend that this paper be returned to the
writers, regarding it disrespectful, if not mutinous in its tendency, or
at fceast showing a spirit of combination among the officers.
S. G. FRENCH,
Major General Commanding.
12
90
Headquarters,
Goldsboro, December 21st, 1862.
Respectfully returned to the writers, with the remark that the en-
dorsement of Maj. Gen. French is approved.
By command of Maj. Gen. G. W Smith.
S. W MELTON,
Major and A. A. G.
Evans' Brigade, December 26th, 1862.
The Commanders of the four Regiments who have petitioned for a
transfer, respectfully appeal from the decision of Maj. Gen. French
and Maj. Gen. Smith, and beg a reconsideration upon the following
grounds :
1. The 35th Article of War is not applicable to their case Their
paper is simply the petition of four Regiments for transfer. In this
paper they do not complain of any grievance and seek no redress, but
merely expressed their earnest desire to be assigned to another com-
mander, which request they forwarded through the proper channels,
and hoped it would be respected.
2. There is no language in the body of the petition which can be
construed into disrespect to Gen. Evans. The reason for the petition
which was subsequently appended, and which we presume the Major
General considered disrespectful, was made upon order of Gen.
Evans after the petition was sent up, and therefore the petitioners are
exonerated from all b'ame in the matter.
3. The endorsement of Gen. Evans that Col. McMaster and Capt.
Bancroft were under charges of misconduct, induced Gen. French to
suppose these charges were a cause of dissatisfaction with them,
whereas Col. McMaster and Capt. Bancroft were not aware that there
were any charges, against them until the petition was returned the
24th inst. Ner do they at present know what those charges are.
Therefore Gen. French should not have considered the endorsement of
Gen. Evans in deciding on the petition.
F W McMASTER,
Colonel 17th Regiment S. G. V.
' J. M. BOST,
Captain Commanding Holcombe Legion.
M. V BANCROFT,
Captain Commanding 23d Regiment S. C. V
91
Major Hilton was in command of the 22d Kegiment S. C. V when
petition was forwarded, and signed the same. I am now in command
of the Regiment, and unite in the desire to be transferred to some
other command.
S. D. GOODLETT,
Colonel 22d Regiment S. C. V
Copy of a note received by Col. McMaster, December 24th, 1862 :
HEADQUARTERS,
Kinston, N. C, December 24th, 1862.
Colonel : I am directed by the Brigadier General Commanding to
inform you that charges have been preferred against you, a copy of
which will be furnished when the Court is ordered for your trial.
Your arrest will be suspended for the present.
Very respectfully,
Your obedient servant,
A. L. EVANS, A. A. G.
Col. P. W McMaster, 17th S. C. V.
December 26th, 1862.
To Capt. A. L. Evans, A. A. G. :
You will please forward these papers through the proper channels.
F. W McMASTER,
Colonel 17 ih Regiment S.JC. V.
Headquarters,
Kinston, N. C, December 26th, 1862.
Respectfully forwarded. Col. Goodlett was arrested on the field of
battle for cowardice ; his arrest is temporarily suspended.
N. G. EVANS,
Brigadier General Commanding.
% Headquarters,
Goldsboro, N. C, December 29th, 1862.
Respectfully returned. The attention of the officers signing this
paper is called to the fact, that in combining together to break up the
92
command of their common superior, they are committing a very grave
offence against military law and usage. Complaints and petitions must
be presented by each separate individual without collusion, and not by
combination^ which when entered into by a body of officers against
their commander, it is repeated, is in itself a crime which the Major
General Commanding (while he may overlook it) cannot consent to
endorse.
• • •
Whatever complaint, petition or charges may be made by individual
officers, or soldiers, on their own responsibility, will receive respectful
attention, and snch action as justice and right require.
Tb,is as well as the former endorsement is made without reference
to the merits of this petition, and is intended simply to indicate to
Col. McMaster and the officers combining with him, that the method
they ha;ve adopted for relief is unmilitary and cannot be sanctioned.
By command of Major General G. W. Smith.
'SAML, W MELTON,
Major and A. A. G.
Live Music
Archive
Librivox
Free Audio
Metropolitan Museum
Cleveland
Museum of Art
Internet
Arcade
Console Living Room
Open Library
American
Libraries
TV News
Understanding
9/11